Provincial Court Conferences
Family Management Conference (FMC)
The first court appearance no matter what registry you go to is called a Family Management Conference. It will not be scheduled until you have completed the required early resolution steps, if any. It is essentially a meeting with you, the other party and a judge but you can have a lawyer present as well. FMCs are held in court (or an open conference room) which means other people can watch. The purpose of the family management conference is to see what issues can and cannot be resolved without going to a full hearing and to make sure the case moves forward smoothly.
At the FMC, the judge can make:
- interim orders (even without your consent) and final consent orders about parenting issues (time and responsibilities), contact, financial support, and guardianship
- case management order to help the case proceed smoothly such as financial disclosure orders, making changes to documents, or send you to dispute resolution
- conduct orders which provide directions on how parties can behave or communicate with each other
The meeting should take between 30 and 60 minutes. If there are still issues that need to be resolved at the end of the family management conference, the judge will direct the next steps in the case which could involve a mediation, another conference, or trial date. To learn more read Family management conferences in Provincial Court and What can I expect at a Family Management Conference?
Setting FMCs
Once you have confirmed you have fulfilled any early resolution requirements, the registry will send you instructions on how to sign up for an FMC. If a party does not file a reply or fails to attend, the FMC will go on without them and the judge can still make interim orders which both parties will have to follow. The party that did not attend can apply later to have those orders changed if they don’t agree with them.
What to expect:
- FMCs can be held in a courtroom or in a conference room depending on the availability
- FMCs are in "open court" which means other people can observe if they choose
- FMCs will least 30 to 60 minutes
- A judge can make interim orders even if one or more of the parties does not agree or does not attend
Strategy for a FMC:
Family Settlement Conference (FSC)
If you are ordered or directed to, you must attend a Family Settlement Conference (previously known as a Family Case Conference). The purpose of an FSC is to have a judge help the parties try to resolve any issues in dispute by agreement.
A FSC is an informal, confidential meeting between you, your former spouse, and a judge. At an FSCC, the judge will try to help you resolve your issues or set dates and deadlines for the remaining steps in the court proceeding. The judge tries to help you work out the issues in a non-confrontational way. If both you and your former spouse agree on an issue, the judge can prepare an order for you. The judge will want to know what you agree on and what you don't agree on.
At the FSC, the judge or master can:
- act as a mediator
- make an order that may help the parties resolve any issues by agreement or help parties be better prepared for a trial or hearing
- send you to mediation, counselling, or to meet with a child support officer
- make an order that you both agree to (e.g. you agree to a certain monthly amount of child support)
- give a non-binding opinion about the likely outcome of a trial (this is the judge's opinion only, that can't be legally enforced)
- reserve a trial date and a pre-trial conference date
What to expect:
- FSCs tend to be pretty informal. You will be sitting around a table with the judge, your former spouse, and your lawyers if either of you have them
- For anyone else to attend, you would need the permission of the judge
- FSCs are confidential, so nothing said there can be used in court
- If a settlement is reached, the judge will make a consent order, at the end of the FSC
- The judge may send you to the Judicial Case Manager to set trial dates
Strategy for a FSC:
Trial Preparation Conference (TPC)
If your case is scheduled for trial, you may be sent to a trial preparation conference. If you have a TPC scheduled be sure to file and serve a Trial readiness statement (Form 22) 7 days before your TPC. You and your former spouse will be before a judge. TPCs occur before trial to ensure you are ready for trial. The purpose is to sort out any last minute issues, such as getting documents that are still undisclosed, or updating the judge on your witness list. The TPC usually happens six weeks before the trial date. If you did not have a trial preparation conference, you will need to file a Trial readiness statement (Form 22) at least 30 days before the start of your trial.
At the TPC, the judge can make any order or give direction, including:
- order you exchange witness lists
- order you exchange summaries of your evidence
- order you exchange documents that either of you plan to use at trial
- estimate the time required for trial
- set trial date
If you have a trial preparation conference you must file and serve your Trial Readiness Statement (Form 22) at least 7 days before the TPC is scheduled.
What to expect:
- You will be called from the court list and probably only be before the judge briefly
- There will likely be other people in the courtroom while you talk
- If it looks like you won't be ready for the trial, the judge may adjourn, or postpone, the trial date
