What will happen at my first appearance hearing?
The judge has a number of options to choose from at a first appearance. For example:
Family case conference
The judge might order that you and the respondent (and your lawyers, if you have them) attend a family case conference. At this conference, you will appear informally before the judge, usually in a meeting room rather than a courtroom, with no testimony from witnesses or other formalities. The judge will work with you to clarify and narrow down the issues that have to be settled, and determine whether the issues can be resolved without a court trial - through mediation, for example, or a consent order (see below). The judge might also give you his or her opinion about what might happen if you continue on to court.
Adjournment
The judge might choose to adjourn (postpone) your case to a later date, so that you and/or the respondent can consult further with your lawyers, attend a Parenting After Separation session, or try mediation.
Consent order
The judge might make a consent order, if you and the respondent agree on the issues in your application, or come to an agreement at the first appearance or through a family case conference. (A consent order simply states what you and the respondent have agreed to. Like any other court order, there are legal consequences for disobeying a consent order.)
Interim order
The judge might make an interim order. An interim order is a short-term court order that may be used to temporarily settle such issues as custody, guardianship, access or support. It will remain in force until the judge makes a final decision, or until you and your former spouse reach an agreement outside of court.
Order
The judge might make a court order, which may range from:
- requiring a custody and access report to help the court determine what living situation will best meet the needs of your children, to
- asking you or the respondent to produce additional documents, to
- settling all your issues at this point (the judge makes a final decision), and you will not have to return for a case conference, trial preparation conference or trial.
If you filed your application in central Vancouver (Robson Square), Surrey, or Kelowna, and were referred to a family justice counsellor before your rirst appearance, the judge can also order you and the respondent to use one of the services discussed at your meeting. (See the section on these locations in How do I obtain a Provincial Court order? For more information? )
Trial preparation conference
The judge might order that you and the respondent (and/or your lawyers, if you have them) attend a trial preparation conference. Similar to a family case conference, this is also an informal meeting before the judge, but this time the judge will focus on making sure you and the respondent are ready to present your cases at a trial. The judge will also determine how long the trial will take and how many witnesses will be called.
Trial
The judge may send your case to trial - either directly, without a family case conference or trial preparation conference, or after them. A trial is a formal and structured court hearing, held in a courtroom, where you and the respondent (or your lawyers) will each present your evidence and the judge will make decisions about the issues you and the respondent cannot agree upon. The judge's decisions will then be made into a court order. This order will tell you and the respondent what you are to do about such issues as custody and access or child support. There are legal consequences for disobeying a court order. You may want to attend another family court trial before your own to get an idea of what will happen in the courtroom.
Important! If the respondent misses the first appearance, or any other conference or hearing ordered by the judge, the court may make an order in his or her absence, and may issue a summons. If the respondent does not appear in court after being served with a summons, the court may issue a warrant for his or her arrest.
