Family Case Conferences in Provincial Court

Note: Mouse over any of the terms in green type to see a definition.

A Family Case Conference (FCC) is a private informal one-hour meeting with a Provincial Court judge and the other party (and your lawyer[s] if you have them), at which you will try to settle some of the issues around custody, access, guardianship, and child support without going to court for a full hearing. Either party can ask for an FCC, which the judge will ask both parties to attend. In some cases, the judge may order an FCC even if neither you nor the other party has asked for it. A case conference is a good opportunity for both of you to try to mediate the issues affecting your children.

If you cannot agree, the judge then takes the next steps to move towards a trial where a decision can be made in a just, timely, and cost-efficient way.

At the FCC, the judge will:

  • identify which issues are in dispute and which are not
  • consider options, other than a trial, to resolve the disputed issues
  • reserve a trial date and a pre-trial conference date, if necessary, and, depending on the circumstances, make procedural orders to make sure the case will be ready for trial on that date
  • mediate any issues in dispute
  • decide any issues that do not require evidence
  • refer issues to private mediation if you both agree on them
  • make consent orders
  • in limited circumstances, move to a mini-trial to make an interim or final order requested in an application after hearing evidence
  • give a non-binding opinion about the probable outcome of a trial
  • make any order or give any direction he or she considers appropriate

A child or another person who is not a party in the case may attend the FCC only with the judge's permission. Telephone conferences are available but you have to specially request this from the trial coordinator.

Even if one or more of the parties who were required to attend do not show up, the judge may still be able to do all the things listed above if he or she considers that the circumstances justify it and that it is fair to do so in the person's absence.

At an FCC, you and your lawyer(s), if any, are not expected to stand up. The FCC will usually take place in a conference room but it may also take place in a courtroom if that is what the judge wants.

The proceedings at an FCC are confidential. If evidence is required to decide on an issue, there must be a hearing set. An FCC is not the place for making decisions about substantial issues if they are contested.

In some registries, it is quicker to set a short interim hearing than it is to get a date for an FCC.

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Can refer to where and with whom a child lives, or where a child lives and the rights and responsibilities of a parent regarding the child in his or her care.
Generally means the time children spend with the parent they do not usually live with. However, access is not limited to the parent who does not have custody — any person can apply for access to a child (including grandparents, aunts and uncles, and other relatives).
The responsibility for making major decisions for children about such things as what kind of education, health care, or religious training they will receive, and how to manage anything the children may own, such as property or money.
An approach to solving problems in which a third party intervenes to help two opposing parties settle a problem. Usually mediators are individuals who are specially qualified to help people reach agreements. They may specialize in particular areas, such as custody and access or property division. Some mediators are also lawyers.
Money paid by one party to the other party as financial support. Support can be paid for a former spouse or for any or all children.
When both parties and their witnesses appear before a judge and give their evidence under oath and out loud. They are then cross-examined by the other party or his or her lawyer. A trial is also sometimes called a hearing, especially in Provincial Court.