Emergency Relief and Standard Procedures in Family Law
Family law is a complex field that often involves emotionally charged issues. Particularly when it comes to parenting time, it's important for both parents and legal professionals to understand the intricacies of procedures and timelines.
What is Emergency Relief?
Emergency relief in a family law context refers to expedited court intervention, often necessary in serious cases where the child's best interests require immediate action. For example, a parent might seek emergency relief if they believe the child is in danger or there are concerns about possible abduction. In such cases, the court has the power to make immediate, temporary decisions related to child custody and visitation to ensure the child's safety and welfare.
Standard Procedures and Timelines
Family law statutes and the Family Law Rules, O. Reg. 114/99 (“Rules”), discourage parents from rushing into court for temporary orders or to prevent parenting time, except in serious cases. Under standard procedures, an application is commenced, pleadings are completed, and the first appearance before a judge is for a case conference, focusing on how to move the case along and aim for early resolution.
This procedure can take several weeks or even months in most Ontario jurisdictions. Under r. 10(1) of the Rules, respondents who receive service of an application in Canada or the U.S. have 30 days after receipt of service to serve and file an answer. Rule 10(2) allows those who receive service outside of these countries to have 60 days to serve and file an answer.
It's common for a respondent to seek an extension of these deadlines to retain and instruct counsel. Similarly, it's common for counsel who has been contacted by a litigant to seek an adjournment to be properly retained and instructed, and to prepare and file responding pleadings.
It's important to note that r. 14(4) of the Rules specifies that, "No notice of motion or supporting evidence may be served and no motion may be heard before a conference dealing with the substantive issues in the case has been completed."
In conclusion, understanding these procedures and timelines is crucial for both parents and their legal counsel. Being aware of these rules can help manage expectations and facilitate smoother proceedings in family law cases.
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