Why Would a Judge Schedule a Hearing Without Clients Family Court

Guiding Principles and Best Practices for Family Courtroom at the Ontario Court of Justice

PREAMBLE

The purpose of these principles and practices is to provide general guidance to Judges, Local Administrative Judges and Regional Senior Judges of the Ontario Court of Justice when scheduling family matters. They are intended to inform decision-making around scheduling and are meant to supplement and complement the Family Law Rules. They should not be considered a substitute for the Rules. These guidelines should exist taken into account when assigning judicial resources.

Guiding Principles for family police force

The following Guiding Principles are for the bulk of family cases. In that location volition e'er be exceptions that crave Courts to deviate from the Guiding Principles.

1. Contested family law and child protection matters whose outcome would affect the well-beingness and day-to-day physical, emotional and/or mental health of children should exist considered matters where time is of the essence. Scheduling of these matters should reflect this. Judicial time should be made available so these matters volition be completed in a timely fashion. Family unit and kid protection schedules should reflect this principle as much equally possible. Withal, geographical and local limitations to scheduling of family unit and child protection matters should likewise be recognized.
2. The Family and Child Protection court schedules need to be transparent, available and reverberate accessibility to the public and the professional users of the Courtroom. The schedules should indicate the day of the week, the type of court (eg Child Protection, Domestic) and the judge(s) who will be presiding. Ideally, the schedules should be available six (6) months in advance of the matter.
3. Every Courtroom Appearance should advance the case in some way towards resolution of issues.
4. Child Protection adjournments must exist judicially managed and reasons should exist provided to ensure that unnecessary adjournments are not made.
5. The Bar and the public have a correct to expect that the Family Law Rules will exist respected and applied on a consistent footing.
6. When necessary, trial management judges should address all purposes as outlined in dominion 17 of the Family Constabulary Rules regarding trial management.
7. When a Child Protection trial is set, it should be set for continuous days.
8. If the dates set for Child Protection trials are insufficient, dates for continuation must be given priority.

Best Practices for family police force

1. Wherever warranted by the size of the jurisdiction, there should exist a Family Local Authoritative Judge and a Criminal Local Administrative Judge at each courthouse. The ii Local Administrative Judges should work collaboratively. If information technology is non possible to have ii Local Administrative Judges, the Local Administrative Guess should regularly consult with family unit judges at the courtroom regarding scheduling matters. The needs of the family unit litigants, including the amount of time required for family and child protection cases should be assessed on a regular basis.
2. Consistent with the Regional Senior Justice'southward policies, the Local Administrative Gauge should direct the Trial Coordinator's scheduling of family matters.
3. Dedicated Court time or specific days for each of Child Protection and Domestic matters should be set up aside where practical, depending on the number of users in a courtroom location.
4. There should be constructive, pre-trial management (up to date of trial), including using Notices to Admit and Agreed Statements of Fact.
5. There should exist a proper recording of what occurred at each appearance in the Endorsement.
6. In that location should be effective trial management. The goal of trial management is to resolve issues or move the problems in a case towards resolution.
7. Realistic and doable timetables should be provided by parties for long trials.
8. Long trials exceeding ten days must be brought to the Local Administrative Judge'south attention and advisable time should exist scheduled for these trials.

Constructive Case Management

1. Findings (for example: Statutory findings under the Kid, Youth and Family Services Human activity and parentage findings) should be made early in the process.
2. If the parties cannot concur that a child is in need of protection, the Case Management Estimate shall move the result quickly toward resolution or trial.
3. Every appearance should exist a meaningful appearance. Information technology should take a specific purpose and should result in some advancement towards resolving issues in the case. During the advent, Judges should indicate the issues that volition be dealt with on the next appointment and the amount of fourth dimension allocated for the next advent in their Endorsements. Parties should be encouraged to appear on time and exist prepared.
4. Child Protection adjournments should be proactively judicially managed and reasons should be provided to ensure that unnecessary adjournments are not made.
5. Parties should utilize emails, briefing calls, and fax machines for those matters that tin can be dealt with past consent, whenever possible.
6. All of the services and supports bachelor at the court for family matters should be utilized to resolve matters, including Duty counsel, First Appearance Court, Family Police force Data Centres, and arbitration.
7. Effective case direction should involve assigning a single judge to a case, whenever possible.
8. Family unit bench/bar/family resource meetings should be held on a regular basis. For family scheduling bug, bench/bar/family resources meetings should be held at least twice a year. The judiciary should utilise this opportunity to consult with representatives of the professional users and back up-services providers of the court.
9. Audit or Update courts before trials should exist encouraged in court locations where it would farther the timeliness of the courtroom procedure.
10. Effective trial management by the judiciary is important. Trial Direction Conferences should either resolve problems or move the issues in a case towards resolution.
11. For long trials which have been scheduled for more than than ten (10) days, judges should ensure that counsel files a day-past-day plan to ensure that the trials are completed in a timely fashion.

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Source: https://www.ontariocourts.ca/ocj/family-court/family-scheduling-policy/

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