Chat with us, powered by LiveChat

Family Law Rules – Rule 7: Parties

Angela Princewill

November 14, 2015

WHO ARE PARTIES — CASE

7. (1) A person who makes a claim in a case or against whom a claim is made in a case is a party to the case.  O. Reg. 114/99, r. 7 (1).

WHO ARE PARTIES — MOTION

(2) For purposes of a motion only, a person who is affected by a motion is also a party, but this does not apply to a child affected by a motion relating to custody, access, child protection, adoption or child support.  O. Reg. 114/99, r. 7 (2).

PERSONS WHO MUST BE NAMED AS PARTIES

(3) A person starting a case shall name,

(a) as an applicant, every person who makes a claim;

(b) as a respondent,

(i) every person against whom a claim is made, and

(ii) every other person who should be a party to enable the court to decide all the issues in the case.  O. Reg. 114/99, r. 7 (3).

PARTIES IN CASES INVOLVING CHILDREN

(4) In any of the following cases, every parent or other person who has care and control of the child involved, except a foster parent under the Child and Family Services Act, shall be named as a party, unless the court orders otherwise:

1. A case about custody of or access to a child.

2. A child protection case.

3. A secure treatment case (Part VI of the Child and Family Services Act).  O. Reg. 114/99, r. 7 (4).

MOTION TO CHANGE ORDER UNDER S. 57.1 OF THE CHILD AND FAMILY SERVICES ACT

(4.1) In a motion to change an order made under section 57.1 of the Child and Family Services Act, the children’s aid society that was a party to the case in which the order was made is not a party to the motion to change the order, unless the court orders otherwise.  O. Reg. 186/12, s. 1 (1).

PARTY ADDED BY COURT ORDER

(5) The court may order that any person who should be a party shall be added as a party, and may give directions for service on that person.  O. Reg. 114/99, r. 7 (5).

PERMANENT CASE NAME AND COURT FILE NUMBER

(6) The court file number given to a case and the description of the parties as applicants and respondents in the case shall remain the same on a motion to change an order, a status review application, an application (general) for Child and Family Services Act cases other than child protection and status review, an application for an openness order, an enforcement or an appeal, no matter who starts it, with the following exceptions:

1. In an enforcement of a payment order, the parties may be described instead as payors, recipients and garnishees.

2. In an appeal, the parties shall also be described as appellants and respondents.

3. When a case is transferred to another municipality, it may be given a new court file number.

4. An application under section 153.1 of the Child and Family Services Act to change or terminate an openness order shall be given a new court file number.

5. In a motion to change an order made under section 57.1 of the Child and Family Services Act,

i. the person making the motion shall be named as the applicant and every other party to the motion shall be named as the respondents, and

ii. the motion shall be given a new court file number.

6. In an application brought under section 145.1.2 of the Child and Family Services Act, the person bringing the application shall be named as the applicant and the children’s aid society and any other party entitled to notice shall be named as the respondents.  O. Reg. 519/06, s. 1; O. Reg. 383/11, s. 1; O. Reg. 186/12, s. 1 (2).

Share With