Child Support Basics Part 1
When Should You Get Legal Edmonton Child Support Help?
Hi, thanks for joining us again. I’m Janan Jarrah, and with me is my associate, Peter Poon, from eLaw Alliance Lawyers. We’re here to provide some information regarding family law on getting Edmonton child support help. Please note that this video is not intended to be legal advice. If you need tailored legal advice, feel free to give us a call directly.
The Court Process
In a previous video, we discussed how to get your matter into court and what you need to file. Now, let’s say you’re in court—what happens next?
What to Expect on Court Date
Once you’ve filed all the necessary documents regarding issues like child support and parenting, and you finally make it into a courtroom, here’s what you can expect. Typically, if you’re dealing with the Court of King’s Bench, proceedings start at 10:00 a.m. There’s also an afternoon session that begins at 2:00 p.m.
On your court date, there will be a duty counsel available. A duty counsel is a free lawyer who can assist you for that day only if you don’t have legal representation. During this day, several matters—sometimes up to thirty or forty—may be heard in the same courtroom by one judge.
Options for Legal Representation
If you prefer not to rely on duty counsel for Edmonton child support help, you have other options. You can hire your own lawyer to represent you, or you can represent yourself. If you choose to represent yourself, it’s important to review your materials beforehand so you can concisely and efficiently explain to the judge what you’re asking for. Keep in mind that during these first court dates, often called chambers meetings, the judge typically has only 5 to 10 minutes to consider each matter.
What Happens in Court?
Let’s say you’ve made it into court, standing before the judge, and you want to request child support and parenting arrangements. Are you going to be granted your application on the first date? Usually, no. It depends on the circumstances. If the judge believes there’s an emergency or a situation requiring immediate attention to ensure fairness or cooperation, they may grant an order.
However, chambers dates are more like triage in a hospital. The court assesses what you’re asking for and decides where your case should go next. There are several procedures and additional court dates that you may have to follow to resolve your matter fully.
Options for Resolution
If your matter isn’t resolved on the first court date, what are your options? There are a few paths you can take for Edmonton child support help. If both sides have lawyers, you can try to settle the matter outside of court through what’s called a 4E meeting, where both parties and their lawyers attempt to resolve the issue.
If that doesn’t work, the Court of King’s Bench has a pilot program called an ICC (Early Intervention Case Conference). This program gives you one hour of the court’s time with a justice, in a less formal setting, to try and resolve the matter. No court orders will be made unless both parties consent. If a resolution still isn’t reached, the next step might involve more contentious hearings, such as a special chambers date.
Differences Between Special Chambers, Early Intervention Case Conferences, and Trials
The main difference between these proceedings is the level of formality and the timeline. Early Intervention Case Conferences occur sooner and offer an opportunity to resolve matters early on. Special chambers, on the other hand, require you to file specific documents, including affidavits and concise letters, outlining your legal argument and evidence weeks before the hearing. These dates are usually set a few months in advance.
At a special chambers hearing, which typically lasts about sixty minutes, the judge will hear both sides and will have reviewed all submitted materials. The justice may grant an order depending on what they believe is in the children’s best interest or what is reasonably fair.
A trial is the most contentious, time-consuming, and stressful way to resolve a matter. During a trial, the judge or justice hears oral evidence from both parties, including any witnesses. This process can take several days, as both sides will present their evidence and witnesses.
Judicial Dispute Resolutions (JDRs)
Before a trial, there are several procedural rules to follow, including questioning the other party on their affidavit. Trials in family matters are rare, as courts usually try to help parties resolve issues beforehand. One way to do this is through Judicial Dispute Resolutions (JDRs).
There are two types of JDRs in Alberta: binding and non-binding. A non-binding JDR is similar to a mediation meeting with a justice, where the justice can make an order only if both parties consent. If no agreement is reached, the justice will determine the next steps, which could include a trial or special chambers hearing.
A binding JDR is different in that the justice can make an order, whether or not both parties agree, and that order will be binding.
Edmonton Child Support Help Conclusion
That’s a lot of information and a lot of steps required in family litigation. Thanks, Peter, for sharing all that information. If you want more detailed information, or if you need Edmonton child support help with your specific situation, don’t hesitate to give us a call at 780-665-4955, or visit our website at www.elawalliance.com – we are here to help. Thank you.