Family law in British Columbia: The purpose of interim orders

On behalf of Peterson Stark Scott posted in Family Law on September 26, 2019.

Interim orders are sometimes necessary when it comes to children of divorce. When a family law case is happening in British Columbia, an interim order may be needed to help with urgent or important issues surrounding children. These types of orders can stop a parent from taking a child out of the area or for financial help with children.

The applicant must file a notice of application for an interim order with the Supreme Court, explaining the need for the order and what the applicant would like accomplished with the order. The applicant must also fill out an affidavit and choose a date for the matter to be heard — the soonest being eight days. Once the application has been filed, the applicant must file notice on the other party at least eight business days before the hearing is to take place.

The recipient of the document has five days from the date on which he or she was served to respond by filing a response an affidavit in support of it, which must, in turn, be served on the applicant. The recipient’s response will tell the applicant whether he or she agrees with what the applicant is seeking. If there is no agreement, the parties will attend a hearing.

A lawyer experienced in family law in British Columbia will usually prepare a written interim order based on a judge’s decisions and will then file it in court. A client seeking such an order may need the help of lawyer before proceeding. A client who receives an application for an interim order may also need a lawyer’s advice since these issues can be confusing.

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