Attend the first appearance
The judge uses the first appearance to sort out your case and make sure that:
- you've provided each other with all the right information, and
- you understand what issues you agree about and what you don't.
The judge will have a long list of cases to hear. They won't have much time to spend on any one case. This means you won't have a chance to tell them much about your case. You won't usually have a chance to get the orders you asked for in your application at this time.
The judge will tell you what to do next. For more information, see Rule 6 of the Family Court Rules.
If you didn't file a Reply (Form 3), but decide to go to court for the first appearance date, the judge will likely give you an opportunity to participate in the proceedings and may give you more time to file a Reply (Form 3).
especially sections 6[4] and 6[10]. The other party could ask the judge to make a final order. If the judge agrees, the case will be over..
The judge may:
- Make an interim order (for example, for support), particularly if you and the other person agree. This order is temporary, until the family case conference or hearing date.
- Order a family case conference. A family case conference is a one-hour meeting with a judge and the other person, where you'll try to settle some of the issues around parenting. Usually the judge will order a family case conference before setting a hearing date. For more information, see Family Case Conferences in Provincial Court.
If you don't show up
If you don't file a Reply (Form 3) and don't show up for the first appearance, the judge has many options for dealing with the situation (see Rule 6, especially sections 6[4] and 6[10]). The other person could ask the judge to make a final order. If the judge agrees, the case will be over.
But judges are often reluctant to make orders if one person isn't in court. They might
- order that a summons be served on you (to give you another chance to respond and file a reply), or
- set a hearing date, either with or without ordering that you be given notice.
If you didn't file a Reply (Form 3), but decide to go to court for the first appearance date, the judge will likely give you an opportunity to participate in the proceedings and may give you more time to file a Reply (Form 3).