(LPSA)Attend the first appearance

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. See Rule 6 of the Family Court Rules for more information about this.

The judge might:

  • 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.

See Family Case Conferences in Provincial Court for more information.

If the other person doesn't show up

The judge can make orders if the other person doesn't appear. But they might be reluctant to make an order when the other person isn't in court. The judge can:

  • issue a summons to require the other person to appear, or
  • require that notice of the next hearing be sent to the other person.

The judge might order you and the other person to attend a family case conference before any hearing. A family case conference is a private, informal meeting with a judge who helps you try to settle some or all of your issues.

If a family case conference is ordered, both people involved in the case must attend. If one person doesn't attend, the family case conference judge can make orders in that person's absence.

See our Checklist for a Family Case Conference for tips on how to prepare for a family case conference.

Although attending a family case conference isn't like going to trial, remember that you're still in court and the person conducting the case conference is a judge.

  • Dress appropriately.
  • Address the judge as "Your Honour."
  • Be as calm as possible.
  • Be prepared to answer questions.
  • Act politely in the presence of your former partner.

What happens at a family case conference?

  • Both of you must appear at a family case conference, with or without lawyers.
  • The conference is usually held in a conference room, with a judge sitting at a table with you both.
  • The judge can ask you direct questions and will try to find out information that might help resolve conflicts or reduce the amount of time needed for a trial to have conflicts resolved by a judge’s decision.
  • The judge can act as a mediator, so this is a great opportunity to have a judge help you settle your issues without going to trial.
  • The proceedings are confidential. If evidence is required to decide on an issue, a hearing must be set. The family case conference isn't the place for making decisions about substantial issues if you don't agree.

The judge can make orders, including:

  • sending you to a family dispute resolution professional, such as a mediator, family justice counsellor, or parenting coordinator, or
  • referring your child to counselling.

The judge can make these orders with or without your agreement, and you might have to pay for them. For a full list of the things a judge can do at a family case conference, see Family Case Conferences in Provincial Court.

What happens if the discussion breaks down?

Sometimes, no meaningful discussions happen at the family case conference because one person is unable or unwilling to discuss the issues or to compromise.

If it becomes clear that nothing will be settled at a family case conference, the judge might try instead to determine what matters need to be cleared up before the case can proceed to a trial.

The trial preparation conference (also called a pre-trial conference) is a meeting with a judge to make sure:

  • both of you will be ready for trial, and
  • the time you've estimated for the trial is right.

This conference is usually held about six weeks before the trial date.

What happens at a trial preparation conference?

  • The procedure is like your first appearance.
  • Your matter will usually be on a list with many other matters in court. You'll probably only be in front of a judge for 5 to 15 minutes.
  • The judge might make orders about things such as:
    • exchanging witness lists
    • exchanging summaries of what each witness will say
    • exchanging other documents either of you plan to use at trial

What happens if you're not ready for trial?

The judge will adjourn the trial date.

See Rule 8 of the Family Court Rules to find out what you can ask the judge to do at a trial preparation conference.

Updated on 21 May 2019