Under the Protocol an application is made through one of three streams - a regular family process for families seeking final decisions on all issues, including non-urgent contested interim relief; a desk process; and an urgent process.
On the regular stream a family is assigned a Mandatory Intake Triage Justice, who meets the parties and deals with interim needs. That same justice becomes the family's Case Conference Justice for the steps that follow.
After the action is commenced and served, the intake package is filed and served, and a Case Management Officer reviews it for compliance before an intake conference can be scheduled. A package that is not compliant is returned - rejected outright where the non-compliance is significant, or sent back with the corrections to make.
A judge is not booked until the materials pass that review.
The intake conference itself is a hearing before the assigned justice, in a courtroom and on the record. The justice may grant interim relief, make procedural orders, order reports, appoint counsel for a child, help the parties work out what evidence a meaningful settlement conference needs, or engage in mediation. Part of its purpose is to prepare the parties for a settlement conference.
That settlement conference is normally before a different justice - not the intake justice - unless the parties consent and that justice agrees to conduct it.
None of what follows is automatic. The parties are directed to a settlement conference unless all issues were resolved at the intake conference, and in exceptional circumstances, at the sole discretion of the intake justice, they may be directed to trial without a settlement conference at all.
Where a settlement conference does not resolve everything, the notice sets out three routes rather than one. The parties may prepare a consent litigation plan order; or meet with Resolution Counsel to prepare a litigation plan order, which the assigned Case Conference Justice must approve; or attend a case conference with that justice.
Only for a matter that is proceeding to trial is a pre-trial conference scheduled with the assigned Case Conference Justice, in advance of the trial date.
Whether a matter reaches a judge in regular Family Chambers is itself decided. The Court says those dates are scheduled by an intake or case conference judge, through the urgent process, or through processes excluded from the Protocol, after considering whether the matter is appropriate for a dispute resolution process or for a desk application process. Some applications are decided on the papers.
Check the Court of King's Bench's current scheduling information for the applicable hearing arrangements.
Court of King's Bench scheduling information›