Family Case Conference checklist

We've prepared a checklist of the information/facts you need when you go into a Family Case Conference (a private informal one-hour meeting with a Provincial Court judge and the other party and your lawyer[s] if you have one), at which you'll try to settle some of the issues around custody, access, guardianship, and child support without going to court for a full hearing).

Background of both parties
Role of each party during the relationship
The children
Parental responsibilities
Extended family
Family dynamics
Access
Finances
Other information

Background of both parties

You'll need to be able to provide the following information at your Family Case Conference:

• Give the age and birthdate of all parties, including children.
• When did you move in together and/or get married?
• Where did you live when you were together?
• When did you separate?
• Where does each party live now?
• Where do the children live, if any?
• What are both parties' current jobs?
  

Role of each party during the relationship

Include the following details if you're applying for or responding to an application for spousal support or custody, or if the other party's ability to pay child or spousal support is in question.

Be prepared to give a summary of significant responsibilities and contributions of each party during the relationship; for example:

• The wife stayed at home and cared for the children while the husband went back to work.
• The wife worked while the husband went to school to upgrade his skills and get a better-paying job.
• Both the husband and wife worked and the children were in daycare during the day, and cared for by both parents during their time off work.

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The children

Include the following details if you're applying for or responding to an application for custody, guardianship, and/or access.

• Give ages and full dates of birth for each child.
• Provide the name of the children's daycare, preschool, or any other school.
• List the grade each child is in.
• Give a brief description of each child's progress in school.
• List the children's extracurricular activities or special interests, if any.
• List any medical problems or special needs the children have.
• Estimate the financial cost of each child's medical, educational, or other special expenses.

Parental responsibilities

Describe the following details if you're involved in a disputed custody case or if they relate to either party's ability to pay support:

• Typical parenting responsibilities of each parent before the separation (especially important if the separation is recent, and custody or primary residence is an issue).
• Who changed diapers?
• Who made bottles/gave night feedings?
• Is the baby being breastfed?
• Who attended parent-teacher conferences?
• Who took children to doctors' appointments or extracurricular activities?
• Who prepared meals?
• Was child care shared or did one parent do the bulk of childcare work?
• Are the children more bonded to one parent than the other? And if so, what observations lead you to conclude that?
• How have parenting responsibilities been divided since separation?
• List any steps that may have been taken since separation to minimize disruption in the children's lives.

Extended family

• Who are the extended family members that have a close relationship with the children and where do they live?
• What is your relationship to those family members — on both sides of the family?
• What are your plans, if any, to maintain those relationships for the children?

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Family dynamics

Include the following details if you're applying for or responding to an application for a restraining order, custody, access, and/or guardianship (if the other party is opposing your application), and if they're relevant to a spousal support application:

• Describe how you and the other party communicate, and give recent examples, particularly if there are problems.
• Is there family violence? If so, describe it specifically.
• Was anyone injured? If so, describe the injuries and attach doctor's notes if available.
• Focus on recent incidents (as close in time as possible to the court application) and any significant past events.
• Get and attach copies of police reports, charges, and peace bonds, if any.
• Describe any exposure your children may have had to violence or abuse.
• Describe any steps taken to help children deal with abuse.
• Describe any drug or alcohol abuse by a parent or new partner that affects the children's safety.
• Describe any involvement of Ministry of Children and Family Development with your family.

Access

Describe the following if you're applying for or responding to an application for access, and they're relevant to your case:

• if either parent works or works shifts that could affect his or her ability to spend time with the children
• how much time the children have spent with each parent since the separation
• any special events/occasions for which you or the other parent particularly want the children, especially if you and the other parent don't agree about this

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Finances

For spousal support

Include the following details if you're applying for or responding to an application for spousal support:

• Provide a brief summary of your education and work history.
• List your absences, if any, from the work force and describe the reasons (for example, illness, injury, children, staying at home to be a homemaker).
• Describe your current job and income, and list the source and amount of your income for the last three years.
• Identify your reasonable needs and how much more money you would need to meet these needs.
• Identify anything that prevents you from earning a reasonable living (for example, do you have a physical disability, are you caring for young children, or do you need to upgrade your skills?)
• Estimate how long it might take to upgrade job skills and what steps you need to take to be able to earn a reasonable living.
• Describe the other party's education, work history, current job, and present income level.
• Identify any assets that could be used for support (for example, an RSP in your spouse's name alone).

For child support

Include the following details if you're applying for or responding to an application for child support:

• If you're only seeking basic support, you don't need to list your income.
• If you're claiming special or extraordinary expenses, you must identify each expense claimed, identify the child it's claimed for, and provide proof of the expense, such as receipts (these expenses must be listed per month).
• If you're claiming special or extraordinary expenses, you must provide information about your own income.
• If medical, dental, or extended health care benefits are available through your employment or that of the other party, identify the benefits and explain what is available.
• If you have reason to believe that the other party isn't accurately disclosing his or her income, list the inaccuracies and give the reasons for your belief.

Other information

Include other relevant information if you're applying for or responding to an application for custody or access, such as:

• any religious, spiritual, or cultural values that are important to both parents in your children's upbringing, especially where there's conflict about this
• your religious or cultural activities before the separation
• any additional languages known by the children know (for example, if the children speak another language as a result of spending time with one parent or a grandparent).

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