Family trial
If you have not resolved all the issues at a family management conference<p><span lang="EN-US">If you filed an application or replied to an application in BC Provincial Court asking for an order under the </span><span>Family Law Act</span><span lang="EN-US">, your first appearance in court will be at a </span><span>family management conference</span><span lang="EN-US">.</span></p>, you may go to trial.
At a family trial a judge will decide the issues based on the facts proved by the evidence and the law that applies to those facts. In cases involving children, the Family Law Act<p>The main provincial law that deals with family law issues in BC.</p> says the parties and the judge must only consider the best interests of the child<p><span lang="EN-US">The best interests of the child is a legal test in family law used to decide what would best protect the child’s physical, psychological, and emotional safety, security, and well-being. See section 37 of the BC </span><span lang="EN-US">Family Law Act</span><span lang="EN-US">. </span><span> </span></p>.
The parties in a family court<p><span lang="EN-US">The division of the BC Provincial Court that grants court orders for guardianship, parenting arrangements, contact, child support, spousal support and protection under the </span><span lang="EN-US">Family Law Act</span><span lang="EN-US">. Child protection cases are also dealt with in family court.</span><span> </span></p> trial may be called "the applicant" and "the respondent".
A family trial in Provincial Court will often have these five stages:
If you have a lawyer at your trial, your lawyer will speak for you except when you testify.
In some cases, the judge may begin by asking the parties questions like these:
- What court orders are you requesting?
- What are the issues to be decided in this hearing?
- What is your position on each issue?
- How many witnesses will you present during the hearing?
In other cases, the judge may invite the parties to make brief opening statements explaining these things.
The applicant goes first. They can testify and present any witnesses they have brought to court. The respondent has a chance to question each witness, including the applicant. If lawyers are involved, they do all the questioning of witnesses.
After the applicant's evidence, the respondent then has a chance to testify and present any witnesses they have brought to court. The applicant has a chance to question each of these witnesses including the respondent.
After all the witnesses have been heard, each party has a chance to sum up briefly, explaining what they want the judge to order and how the evidence supports them.
The judge may be able to give their decision and the reasons for it at the end of the trial, or they may "reserve" their decision and give it in court on another day. They might also have a written decision filed and sent to the parties instead of setting another court date.
If you and the other party don't have lawyers, the judge may use a different procedure to help you present your case. If so, the judge will explain the procedure at the start of the trial.