Family Lawyers Explain Interim Motions

As family lawyers in Nova Scotia, As family lawyers in Nova Scotia, we are intimately familiar with the nuances of obtaining interim orders Legal proceedings about family matters can extend over a lengthy period, sometimes months or years, before a final Order is issued by the Court. Such durations pose challenges for individuals requiring more immediate relief through an Order, to address critical issues such as decision-making, parenting, child support, interim spousal support, and property division.

How to Apply for an Interim Order

To secure an interim order from the Court, parties can file an interim Order that has received consent from both parties or their legal representatives, along with all necessary supporting documents. If the Court finds the materials satisfactory, the interim order will likely be approved.

Urgent or Emergency Interim Orders

Sometimes, interim relief may be urgently required. The Notice of Motion for Interim Relief might be designated as urgent or emergency; however, the final determination of urgency lies with the Court. This designation can expedite the hearing process before the Court, crucial in situations requiring immediate attention.

The Role of Supporting Documents in Interim Motions

When the parties are at an impasse regarding the terms of an Interim Order, the seeking party must file a Notice of Motion for Interim Relief with the Court. This includes citing the applicable legislation that permits the Court to issue such an Order. An Affidavit must accompany the motion, detailing the interim relief sought and the reasons for it, a pivotal step in the interim application process.

The Impact of Existing Orders on New Interim Motions

Existing orders can significantly impact the ability to move forward with new interim motions. However, exceptions exist, such as when a current interim order for parenting or decision-making may no longer be in the best interest of the children, necessitating immediate modification for their safety.

 Legal Strategy for Interim Relief: A Lawyer's Perspective

At Lenehan Musgrave LLP, our expertise extends to strategizing for interim relief in family law, including interim spousal support and interim custody. We guide our clients through the complexities of making a Motion to the Court, ensuring the best presentation of their case.

The Court's Decision-Making Process for Interim Orders

Following the submission of the Motion to the Court, a 30-minute organizational conference with a Justice is arranged to discuss the Motion's direction—whether through consent, a Judicial Settlement Conference, or an interim Hearing. 

Preparing for an Organizational Conference

Preparation for the organizational conference involves a detailed review of the Motion and supporting documents, ensuring a comprehensive presentation of the need for interim relief.  It is important to carefully analyze the Motion and all supporting documents to fully understand the legal arguments and evidence presented. This may involve consulting with legal counsel or other experts to ensure a strong and persuasive argument for interim relief.

Preparation should also involve gathering any additional evidence or information that may support the request for interim relief. This could include witness statements, financial documents, or any other relevant materials that help to strengthen the case for relief.

Additionally, it is important to anticipate and prepare for any potential arguments or challenges that may be raised by the opposing party. This may involve conducting research, consulting with experts, or preparing counterarguments to address any potential obstacles.

Overall, thorough preparation is essential to effectively presenting the case for interim relief at the organizational conference. By carefully reviewing the Motion and supporting documents, gathering additional evidence, and anticipating potential challenges, you can increase the likelihood of successfully obtaining the relief sought. 

The Significance of Interim Orders for Family Stability

Interim orders are pivotal in providing stability and structure for families, particularly children, during the interim period. These orders offer a semblance of normalcy and security as the parties work towards resolving their long-term arrangements, highlighting the critical role of interim orders in maintaining family stability. 

Interim orders for decision-making and parenting help ensure that children have a consistent schedule and routine while their parents navigate the legal process of determining a permanent custody arrangement. This can help alleviate some of the stress and uncertainty that children may experience during a time of family transition. By establishing a temporary custody arrangement, interim orders provide clear guidelines for both parents to follow, reducing potential conflict and confusion.

Additionally, interim orders can address important issues such as parenting schedules, communication between parents, and financial support for the children. This allows families to maintain some level of normalcy and routine, even as they navigate the challenges of separation or divorce. By providing structure and stability during a time of uncertainty, interim custody orders can help minimize the impact of the family breakdown on children's well-being.

Legal Assistance for Interim Motions: How Lawyers Can Help

Our team at Lenehan Musgrave LLP is ready to assist you with your interim motions, offering expert legal guidance to navigate the intricacies of interim orders in family law. Contact us today to schedule a consultation and learn how we can support your needs during interim occupancy and beyond.

How an Order for Production Can Help You With a Family Law Case

In Nova Scotia, the justices of the Supreme Court (Family Division) make decisions at trials and hearings based on the evidence that is presented to them by the parties. Most often, this includes financial information, and affidavit evidence, which outlines for the judge the facts of the case. However, there are certain circumstances where the information a party may feel is relevant to the overall determination of the file is not within their own knowledge or possession. When this occurs, litigants may seek out what is known as an “Order for Production.”

An Order for Production compels a third party, who is most often not a party to the proceeding, to release specific documents requested by the litigant. Some of the more common third party records sought in family law proceedings are the records of the RCMP/police or the Department of Community Services (Child Welfare). 

Obtaining an Order for Production

There are two primary ways in which an Order for Production is obtained; by consent or by Motion through the Court.

In the event both parties consent to the release of specific records, an Order is drafted and signed by a judge. The Order is then provided to the third-party record holder who provides the information to the litigant.

In the event one party does not agree that the records should be produced, the party seeking the release of specific records must file a Motion for an Order for Production. When this happens, both parties present their evidence as to why they believe the records should or should not be released. The presiding justice then makes the determination as to whether the records should be released. One of the primary concerns the justice will concern him or herself with is whether the records are relevant to the proceeding at hand.

Orders for Production can be tricky, and there is procedure that must be followed if a litigant seeks the production of third-party records. The lawyers at Lenehan Musgrave LLP can help you determine whether an Order for Production is something that should be pursued as part of the overall process of litigation. If you have any questions, we encourage you to contact one of our family law lawyers or complete the form below to book a consultation.