Interim Orders in BC Family Law – What You Need to Know

Interim Orders in BC Family Law are arguably some of the most important Orders one can apply for. They set the stage for the remainder of family law litigation. They provide temporary relief until the full trial of your case is heard.  Our Vancouver family lawyers pay exceptional attention when preparing for interim Applications and Orders. You should consider at least having a consultation with a family lawyer before setting down your application for interim Orders. For now, let’s take a deeper look at interim Orders in BC Family Law:

What Are Interim Orders in BC Family Law?

From the time you file your Notice of Family Claim at the BC Supreme Court until you have your case heard by a judge, you may need some temporary orders to figure out:

• Interim Custody;
• Interim child or spousal support;
• Who will live in the family home;
• Can property be sold or should it be frozen?
• How many days will be the trial be?
• Which car can you drive?
• Do you need any expert reports for businesses or for determining value of real estate? etc.

To get these interim orders, you will need to set down what is called a Notice of Application at the Supreme Court. Let’s look at the process:

Interim Orders at the Supreme Court of BC – Procedure

1. First, you need to fill out a Notice of Application.
2. You will need to swear an affidavit in support of the Application. You have to follow strict rules when it comes to affidavits or they will be tossed out. Click here to learn how to write affidavits.
3. Once you have finished your Notice of Application and Affidavits, you need to go to court and file them. Make sure you take 4 copies of each with you for filing.
4. Once filed, you will need to serve the NOA and Affidavit on your ex-spouse.
5. Then you have to wait 8 business days (unless it’s an emergency) to have your Application heard.
6. Your spouse has 5 business days from the time she/he is served to respond to your Notice of Application.
7. Then you can provide a reply Affidavit to her response.

That’s it. Now it’s time to go to court and argue why you should obtain the Orders you sought in your Notice of Application. But wait… what should you ask in the NOA and what should you write in your Affidavit? 

Let’s have a closer look:

Types of Interim Orders and Affidavits – Substance

The below discusses the most common interim orders and applications under BC Family Law and at the Supreme Court:

What to Show for Interim Order on Custody or Parenting Time

• In your affidavit, provide factual evidence of:
• what a good parent you are. Provide examples, memories and go into as much detail as possible. There is a difference between someone saying “I am a great father” and “my child-like honey nut cheerios for breakfast”. The latter shows that you have an in-depth knowledge of your child and have been involved in their lives.
• explain problems or issues with your spouse when it comes to parenting. But be very careful not to blame them, call them names or put them down to look better.
• tell the judge what schedule would work and how you plan to work around it.
• show that you have proper accommodation or arrangements for the child;
• If you need third-party care, make sure you show proof that the child can be taken care of in your absence.

On interim custody applications, the judge will try to read both your affidavits and determine what a good arrangement for your child is. That is why it is very important that you show in detail why you deserve the time you have asked for with your child.

Interim custody Orders are important because they set the tone for trial. So if you get 50/50 parenting on an interim application for custody, then the trial judge will likely continue that unless it can be shown that it is not in the best interests of your child.

Interim Orders for Child and Spousal Support

• In your affidavit, attach your latest pay stubs and tax returns to prove what your income is;
• Attach the tax returns and pay stubs of your spouse to show what his/her income is. If you do not have this information, attach an email or letter you sent to your spouse asking for this information. If your spouse refuses to provide it, then the judge can impute income to your spouse.
• If you or your spouse are owners of a company or cooperation, proving income from all sources is a lot more complicated and you should consult with a family lawyer to figure out how to approach this situation. This blog can’t go into that type of detail and expertise…but here is a little information on corporate income for child and spousal support.
• Go here to calculate support payable and show the calculations to the judge.

Interim orders for child and spousal support are ‘rough justice’ so you may have to pay or receive a certain amount until you can comprehensively litigate this issue at trial and show the judge how it should be a different amount.

Interim Orders For Exclusive Occupancy of the Family Home

Who should reside at the family home pending trial is usually very complex and acrimonious. Usually, the wife wants to stay in the family home with the kids. But the husband needs to move out, pay the mortgage on the family home and also pay for his own living. Then he may have to pay child or spousal support on top of that. Again, this area of family law is very complicated so it is best to at least consult with a family lawyer to figure out how to successfully argue this issue. Here are a few tips:

• In your affidavit, you need to show in detail why:
• It is more convenient for your spouse to move out;
• It is more convenient for the children to live with you at the family home;
• Your spouse has more money at his/her disposal so it’s easier for them to move out and rent somewhere else;
• the house should not be sold pending trial;
• you are a better person for maintaining the home; etc.

BC Family Law is 2000 pages of Rules and tens of thousands of cases. The facts of your case may be different than the next person, so reading a blog will only introduce you to 1% of what you need to do to win your case. Call us at 604-974-9529 or get in touch to speak to award-winning family lawyers.