Permanent Orders and Trials

If you can’t settle your case, then you will need to attend a Family Law trial so that a Judge can make a decision on your case. Family Law trials are expensive, time-consuming, complicated and very exhausting. Sometimes when you are dealing with an unreasonable spouse, Family Law trials are the only way to go so that you can close this chapter of your life and move on to the next.

The Start of the Family Law Trial in BC

The case starts with opening statements. Usually, the Claimant or his/her lawyer gets up and provides a brief background on the case, the issues at hand and the Orders the Claimant is looking for. Opening statements are not meant to be arguments. They are meant to be very factual and neutral.

Sometimes the judge only wants to hear the opening statement from the Claimant and sometimes, the Respondent or his/her lawyer gets up right after and opens his/her case as well. Opening statements can take anywhere between 10 minutes to several hours.

Direct Examination and Cross-Examination at the BC Family Law Trial

After the opening statements are done, here is what happens after:

1. The Claimant calls her/his first witness: this witness is usually the Claimant her/himself. The Claimant gets direct examined by his/her lawyer. This means that his/her lawyer will start asking questions from the claimant to tell the judge the story of the case through the Claimant’s eyes. Direct examination of the Claimant can take anywhere between an hour to 10 days or more.
2. The Claimant then gets cross-examined by the Respondent’s lawyer. Cross-examination is one of the most intense and unpleasant experiences at trial. Basically, the opposing lawyer will try to discredit you, attack your testimony or show the judge what you are saying or doing is unreasonable or wrong. Cross-examination can take anywhere between an hour to 10 days or more.
3. The Claimant then calls the next witnesses. Each witness will get direct examined and cross-examined. The Claimant can have as many witnesses as he/she wants but the witnesses need to have relevant things to say and the trial should not be prolonged with useless testimony.

Next, it is the Respondent’s turn: 

1. The Respondent follows the same pattern. He/she calls the first witness which is usually the Respondent. The Respondent does direct and cross-examination. After this is done, the next witnesses of the Respondent are directed and cross-examined.

Closing Arguments at the Family Law Trial in BC

Once the Claimant and the Respondent’s side give all the evidence and testimony, it is time to close the case and make all the arguments you need to make to ensure your case is successful and you obtain the Orders you want.

Closing Arguments do the following:

1. Summarize the facts and evidence of the case, including the evidence of all witnesses;
2. Layout the law which relates to the case. This is done by researching prior cases and linking them to the facts of your case.
3. Make legal arguments which must convince the Judge that both facts and law are on your side and therefore the judge must make the Orders you are seeking.

Case Closed

After the closing arguments are made, the case is closed and the judge must render a decision. Decisions are given either orally or in written form. If the judge says “I am going to reserve my decision”, it means the judge needs to think and take some time to render a written decision. Written decisions can take anywhere between a week to more than a year to be rendered. They are usually published publicly.

Oral decisions are usually given faster – either right after the trial or shortly after.

Family Law trials are extremely complicated and difficult. Since there is usually substantial money and custody of children involved, it is almost necessary to have a lawyer by your side if you choose to go the trial route.

For more questions or to set up an INITIAL CONSULTATION, please call us at 604-974-9529 or email [email protected]