25 Reasons Not to Go to Court

You need to file 25 Court documents to get a simple support order in Saskatchewan.

A Typical Case

So let’s say you and your spouse own a house, have a couple of kids, and you are thinking of going to Court to have a judge set child support and parenting.

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25 Documents

You will need at least 25 documents filed with the Court to get that done.

Also, you can’t go to Court without trying family dispute resolution, which usually means mediation with your spouse.  There are limited circumstances where this will be waived.

This helps explain why:

• The Court system is complex and confusing
• Expensive
• Slow

Paper Based
This system is entirely paper-based – there is no electronic filing of court documents in the Saskatchewan King’s Bench Court today.  You or someone will need to file these documents at the Courthouse

The Three Major Steps

There are three major steps that you need to pass through:

1. Commencing your court application which requires 8 different documents
2. Going through a Judicial Case Conference (JCC) where a judge decides whether you can bring your application and how you should do it.  This can require 9 documents.  and
3. Actually, bringing your court application requires a minimum of 8 documents and many more.

98% of Cases Settle

Mediating a settlement avoids all this

98% of all couples settle their cases without going to trial.

Starting your application

The main documents you will need are a Petition, a Property Statement, and a Financial Statement.  They are all detailed and can be lengthy documents that you must complete accurately.  Then there are another series of documents that you need to ensure are filed with the Court and served properly upon your spouse:

• Bolded means significant work to complete correctly

• Documents – Commencement

1. Petition
2. Property Statement
3. Financial Statement with disclosure attached (9 documents)
4. Notice to Attend a Parenting Education Program
5. Notice to file a Financial Statement
6. Certificate of Attendance – Parent Education
7. Certificate of Participation – EFDR ( Mediation)
8. Proof of Service

The Judicial Case Conference (JCC)

A JCC is required in Saskatoon and Regina.  After you commence, you cannot file your court application, affidavits, or anything else until you complete this step.

You tell the judge the court application you want to bring and why.

I have a video about this process if you want to visit that page and link.

You or your lawyer must attend the JCC personally in almost all cases waiting for your case to be called.

The judge will decide what you can proceed to apply for and when.

• Documents – Judicial Case Conference

9. FAM PD #7-2 REQUEST FOR A JUDICIAL CASE CONFERENCE
10. Detailed order
11. Proof of Service FAM PD #7-2, detailed order
12. FAM PD 7-4 NOTICE OF JUDICIAL CASE CONFERENCE (prepared by Court)
13. Proof of Service FAM PD 7-4
14. FAM PD #7-5 JUDICIAL CASE CONFERENCE APPEARANCE MEMO
15. Proof of Service
16. FAM PD #7-1 CERTIFICATE OF COMPLIANCE WITH PRACTICE DIRECTIVE #7
17. Proof of Service

The Court Application itself

Once you’ve been through the JCC and a judge has permitted you to proceed, you can finally bring your court application.  The documents you will be required to file are as follows:

• Documents – Application

18. Application
19. Detailed order
20. Affidavit
21. Proof of Service
22. Family Chambers Appearance Notice
23. Proof of Service
24. Order
25. Proof of Service

However, you are likely to file more, including possibly additional affidavits, an affidavit replying to your spouse’s affidavit, and a brief of the law.

You or your lawyer must attend Court chambers personally in the vast majority of cases.  You or your lawyer must wait around until your case is called.

Documents that your spouse must file

Of course, you or your lawyer will have to review the documents they put together, and they include the following at a bare minimum:

s

And your ex

26. Answer or Answer and counter-petition
27.  Property Statement
28. Financial Statement
29. Certificate of Attendance – Parent Education
30. Proof of Service
31. Judicial Case Conference Appearance Memo
32. Proof of Service
33. Affidavit

They may file many more.

Other Documents

Finally, here’s a list of other documents that are common for you to file in your initial court application:

But what else

34. Reply to the counter-petition
35. An additional affidavit
36. An additional affidavit by your ex
37. A reply affidavit to your ex’s affidavit
38. Brief of Law – yours
39. Brief of Law by your ex
40.  Notice of Objection to Affidavit Evidence by you
41.  Reply to Notice of Objection to Affidavit Evidence by our ex
42. Notice of Objection to Affidavit Evidence by you
43.  Reply to Notice of Objection to Affidavit Evidence by our ex
44.  to 53 proofs of service for each document.

If you include proving that you served all of these documents, the number can quickly go over 50.

And that’s just for a temporary or interim order that only lasts until trial.

Finally

• Everything must be filed at the Court House
• All on paper
• 8 trips to file documents
• 2 personal trips to appear In Court
• The process can take months
• Expensive

The law requires you to attend family dispute resolution.

This means mediation for most people.

So why not start with mediation?

Book an appointment now to discuss how to proceed.