Although the lawyers at the Alberta Family Law Firm of RCIM LLP have experience with negotiation, mediation, arbitration and collaborative law, we do not shy away from attending Court for our clients whenever necessary. We are experienced Family Law litigators and regularly attend Court to address issues surrounding custody, access, child support, spousal support, mobility and matrimonial and common law property issues. We have experience with interim (usually temporary) applications in morning chambers, domestic special applications and trials.
While the full scope of our Family Law litigation skills and the various types of hearings is beyond the scope of this Blog, the focus of this entry is morning chambers applications before Justices of the Court of Queen’s Bench.
Generally speaking morning chambers appearances before a Justice of the Court of Queen’s Bench are held at 10:00 am on the 10th floor of the Calgary Courts Centre every day and are reserved to issues which can be addressed in 20 minutes or less. One or both of the parties issues an applications laying out the relief they are seeking, provides evidence in Affidavit (written and sworn or affirmed) format and serves these documents on the opposing party so that they may have an opportunity to respond. At times applications on an Ex Parte (without notice) basis may be obtained with mandatory review dates. Such Ex Parte Orders are reserved for special circumstances because the Courts usually want to hear both sides of the story.
Issues usually addressed by Justices of the Court of Queen’s Bench during morning chambers applications are reserved to:
• applications dealing with Restraining Orders;
• consent Orders where parties have reached an agreement and want to formalize their agreement;
• applications dealing with emergencies such as the removal of children from the Jurisdiction or the dissipation of assets;
• issues to address non compliance with Orders (contempt applications);
• issues where the facts or evidence are not contested between the parties;
• interim Child Support and Spousal Support issues;
• exclusive use of the matrimonial home issues;
• advances on matrimonial property or interim costs applications; and
• procedural Orders.
Issues which take more than 20 minutes to resolve must be addressed at a 1 hour, half day, full day domestic special applications or trials if the parties want to litigate or where issues of credibility exist.
The experienced family lawyers at the downtown law firm of RCIM LLP understand that during a separation or divorce your need can be immediate. We are ready to help you address your family and divorce law litigation needs with morning chambers applications whenever necessary. Please contact us today for an appointment.