Family Law Case Conference

The family law case conference presents litigants with an opportunity (relatively early on in the case) to hear a judge's perspective on each party's position.

In family law, motions are generally not heard until a family law case conference dealing with the substantive issues in the case has been completed (Family Law Rules, Rule 14(4)). There are exceptions to this rule. For example, if there is a situation of hardship, a family law case conference is not required (Family Law Rules, Rule 14(4.2)).

The purposes of a family law case conference proceeding include the following (Family Law Rules, Rule 17(4)):

• Exploring the possibility of settling the family law proceeding (at the family law case conference, the judge will explain how he or she believes that the law relates to the parties' case);
• Identifying those issues in dispute and those that are not in dispute;
• Exploring methods to resolves issues that are in dispute;
• Ensuring that parties are providing the disclosure relevant in the family law case (in other words, the family law case conference judge will ensure that full and complete financial disclosure is exchanged between the parties);
• Noting admissions in the case which may simplify the proceeding;
• Scheduling a date for the next step in the proceeding;
• Setting a timetable by which certain steps in the family law case must be accomplished. Specific deadlines are provided for disclosure orders; and,
• Setting a settlement conference.

A party who requests a family law case conference must serve and file a case conference notice (Family Law Rules, Rule 17(4.1)).

Each party in a family law case conference must serve and file a case conference brief. This is true for each family law case conference. Unless the court makes an order to the contrary, family law case conference briefs do not form part of the continuing record. The briefs are either returned to the lawyers at the conclusion of the case conference or they are destroyed by court staff after the case conference (Family Law Rules, Rule 17(22)).

If it is appropriate to do so, at a family law case conference a judge may make various orders, including the following:

• An order for disclosure of documents or questioning (Family Law Rules, Rule 17(8)(a));
• An order relating to the use of expert witness evidence at trial (Family Law Rules, Rule 17(8)(a.0.1));
• An order relating to the service and filing of expert witness evidence (Family Law Rules, Rule 17(8)(a.0.1));
• If notice has been served on the other party, a final or temporary order. For example, an order preserving a specific assets or assets generally (Family Law Rules, Rule 17(8)(b.1));
• An order that all of the parties agree to, also known as an order on consent (Family Law Rules, Rule 17(8)(c)); and,
• On consent, the case conference judge may refer any issue for alternative dispute resolution (Family Law Rules, Rule 17(8)(d)).