Child Protection: Conferences
- CASE CONFERENCES
- SETTLEMENT CONFERENCES
- TRIAL MANAGEMENT CONFERENCES
Case conferences
A case conference is usually your next appearance before a judge after the Care and Custody Hearing.
In your case conference, the judge will sometimes outline the judge’s expectations for both you and the Children’s Aid Society. The judge will also tell the Children’s Aid Society to provide their documents to you and your lawyer on a timely basis and will expect that the Children’s Aid Society will provide a plan of services to help you resolve the child protection concerns.
The case conference is an opportunity to discuss how you and your child are doing, what still needs to be done to address any protection concerns, and to discuss ways to settle the case.
At the case conference, the judge will usually set a date for the next case conference, or the judge may schedule a settlement conference.
If future case conferences are held, the judge will want to know from both you and the Children’s Aid Society if both parties have complied with the judge’s expectations.
If a case conference is being held, it may be helpful if you complete Form 17B - Child Protection Case Conference Brief. In Form 17B, you will need to fill out information about:
- your children;
- outstanding issues between you and the Children’s Aid Society and issues that have been settled between you and the Children’s Aid Society.
- issues for the case conference; and
- procedural Issues.
You should make at least three (3) copies of each of your documents – one for yourself, one for the Children’s Aid Society and one for any other party involved in your case and the original for the court.
Case conference: service and filing requirements
Rule 17(13) (Parties to Serve Documents for Conference) of the Family Law Rules deals with the service and filing of your documents for the case conference.
Rule 17(13.1) (Time for Service of Briefs) of the Family Law Rules deals with the time requirements for serving and filing the documents for the case conference. If you requested the case conference and you want to serve and file a case conference brief (Form 17B - Child Protection Case Conference Brief), you must serve and file it six (6) days before the case conference. If the Children’s Aid Society requested the case conference, you must serve and file Form 17B four (4) days before the case conference. However, if you decide to file Form 17B, you should serve and file it as soon as possible before these dates.
Form 17B does not go into your Child Protection Continuing Record unless the judge orders that you put it into the continuing record.
Except for Forms 17B and 17D, all other documents must be filed in the Continuing Record.
Settlement conferences
A judge may require that the parties also attend a settlement conference if there are issues that were not resolved during the case conferences. Settlement conferences are covered by Rule 17(5) of the Family Law Rules.
The settlement conferences are an opportunity to settle all or part of your case. Whatever is said at a settlement conference cannot be used at trial. The judge who hears the settlement conference will not be the judge who hears your trial.
Complete Form 17 (Conference Notice) Settlement Conference Brief (Form 17D) and Form 6B (Affidavit of Service) for the Settlement Conference and serve and file the forms.
In Form 17D, you will need to fill out information about:
- your child;
- outstanding issues between you and the Children’s Aid Society and issues that have been settled between you and the Children’s Aid Society.
- procedural issues
- your offer to settle the case
For the settlement conference, you must also complete the Offer to Settle part of Form 17D. This is mandatory. Rule 18 of the Family Law Rules applies to Offers to Settle. The Offer to Settle is a confidential document and does not go into the Continuing Record.
You should make at least three (3) copies of each of your documents – one for yourself, one for the Children’s Aid Society and any other party that may be involved in your case and the original for the court.
Settlement conference: service and filing requirements
Rule 17(13) (Parties to Serve Documents for Conference) of the Family Law Rules deals with the service and filing of your documents for the settlement conference. Rule 17(13) states that you are required to serve and file a Settlement Conference brief (Form 17D).
Rule 17(13.1) (Time for Service of Briefs) of the Family Law Rules deals with the time requirements for serving and filing the documents for the settlement conference. If you requested the conference, you must serve and file your settlement conference brief (Form 17D) six (6) days before your settlement conference. If the Children’s Aid Society requested the conference, you must serve and file your settlement conference brief (17D) no later than four (4) days before the settlement conference. However, you should serve and file your documents as early as possible.
Other than Forms 17B and 17D, all other documents must be filed in the Continuing Record.
Trial management conference
If you and the Children’s Aid Society cannot settle your case at the case conference or settlement conference, the judge will schedule a trial management conference. Trial management conferences are covered by rule 17(6) of the Family Law Rules.
The trial management conference is intended to get everyone ready for the trial. Before attending the trial management conference, each party will need to complete, serve and file Form 17 and Form 17E: Trial management conference brief. There are timelines regarding when you and the other party need to serve and file your documents and you can find these timelines under rule 17 of the Family Law Rules.
The purposes of a trial management conference can be found in rule 17 of the Family Law Rules. The purposes of the trial management conference are to discuss how the trial will be organized, to discuss if there are any issues about the evidence and to discuss any chances of settling the case.
There will be specific things that the judge will talk about with you, any other party involved in the case and the Children’s Aid Society. These things include who the witnesses will be at your trial, what evidence will be presented at the trial, how much time will be needed for the trial and setting the trial date. The judge may also put limits on the number of pages for the affidavits. The judge may also limit the number of witnesses that you, the Children’s Aid Society and any other party want at your trial. Therefore, bring a list of your witnesses, what you expect your witnesses to say at the trial and a list of the documents that you will rely on at the trial to the trial management conference. You must also estimate the amount of time that you will need to cross-examine the Children’s Aid Society’s witnesses.
You should be aware that your trial will be limited to what you have asked for in your original documents. If you wish to ask for something different, you must the judge for permission to amend your answer and plan of care and serve and file a new one. For example, if the outstanding issues in your original documents are about the access to your child, you may not add another issue at trial.
If you need an interpreter or accommodation for a disability at trial, make sure that you let the judge know about this at the trial management conference.
Also, if you want to use a medical or other professional report at the trial, you must confirm with the judge at the trial management conference that the report may be used at the trial.
You must place Form 17E into your Child Protection Continuing Record.
You should make at least three (3) copies of each of your documents – one for yourself, one each for the Children’s Aid Society and any other party involved in the case, and the original for the court.
Focused hearings
A judge may order a focused hearing of your trial. In a focused hearing, the judge decides how evidence shall be presented and the time that you will be allowed to present it. The judge may order that all or most of your witnesses’ evidence are presented by affidavit. The judge may also place time limits on how long you and your witnesses can give oral evidence and on how long any person can be cross-examined. Also, a judge may place page limits on affidavits and documents that can be presented at trial. Similarly, the judge may give you timelines for the filing and serving of documents.
Trial management conference: service and filing requirements
Rule 17(13)(3) (Parties to Serve Documents for Conference) of the Family Law Rules deals with the service and filing of your documents for the trial management conference. The rules state that you must serve Form 17E for your trial management conference.
Rule 17(13.1) (Time for Service of Briefs) of the Family Law Rules deals with the time requirements for serving and filing the documents for the trial management conference. If you requested the conference, you must serve and file your documents no later than six (6) days before your trial management conference. If the Children’s Aid Society requested the conference, you must serve and file your documents no later than four (4) days before your Trial Management Conference.
Unless the rules state differently, all documents, including Form 17E must be filed in the Child Protection Continuing Record.