You received a notice of family management conference (FMC) with a date and time for your conference in Provincial Court. The following information will help you prepare for it.
If you don't have a lawyer for your family law matter, contact Legal Aid BC at least three weeks before your court date or as soon as you receive notice of the FMC court date to learn about your eligibility for legal advice services. Appointments with family lawyers fill up fast.
A lawyer can advise you on:
- the law,
- what evidence you need,
- help you identify the most relevant information that supports the orders you are requesting, and
- help you understand the FMC process.
What is a family management conference?
A FMC is a virtual court appearance with you, the other person, a Provincial Court judge, and your lawyer (if you have one). The point of the FMC is to try to settle any parenting, support, or other family law matters without going to court for a full hearing. It's an important meeting, so take it seriously.
It's important to arrange a quiet, private place with access to internet for the day of your FMC. Follow the remote appearance instructions you receive from the court.
What orders can the judge make at the FMC?
The judge can make interim or final orders, depending on the issue. These orders can be about:
- Parenting responsibilities, parenting time, contact, child support, spousal support, and guardianship;
- Case management for next steps including, for example:
- financial disclosure,
- dispute resolution, or
- making changes to how documents can be served on each person; and
- Conduct (tells a person if they can or can't do certain things).
The judge can also schedule court appearances and order:
- consensual dispute resolution,
- another FMC,
- a family settlement conference,
- a trial preparation conference, or
- a hearing or a trial.
If no final agreement is reached during the FMC, and you need to have a hearing later, an FMC can help you get ready for your hearing or trial by clarifying the issues.
How to prepare for your FMC
1. Don't wait until the last minute to prepare for your FMC. You'll want to be ready to possibly resolve your issues. Review all the documents you and the other party have filed.
At the FMC, the judge will have all the documents you've already filed. The judge may use all your filed documents plus your oral evidence (what you say at the FMC) to make orders.
2. Think about what the best outcome would be for yourself and, if children are involved, what would be in their best interests.
3. Write down the things you and the other party agree on. You can ask the judge to make a "consent order" about those things.
4. It may help you to write down the important facts you want to tell the judge; note them in brief point form, along with the specific details of the orders you want the judge to make. These notes can serve as a memory aid for you when it's your turn to speak at the FMC, and they will help you stay calm and be effective.
5. Make a list of headings for each order you're asking for. Under each heading, write down what you think the judge will need to know so they can make the order.
For example, if you want to have time with your child on school days, you'll have to explain to the judge why that's best for the child. Write down all the reasons for your request that apply to you and your child, such as:
- I live two blocks from Jamal's school, so he can walk to school by himself.
- If Jamal lives with his dad, he'll have a 30-minute bus ride to school.
- I get home from work by 5 pm, so I can help Jamal with his homework and then take him to soccer practice.
- Jamal's dad sometimes works in the evenings, so he's not around to help Jamal with his homework or take him to soccer.
6. Keep in mind that when a judge make decisions about children, the law says they can only consider the best interests of the child. This means they can only think about what's best for the child, not what's best for the child’s parents or guardians.
7. Seek advice from a family lawyer who can help you prepare for the FMC. The lawyer can advise you on the law and how it applies to your situation. A lawyer can help you be ready to participate effectively at the FMC to try to settle any parenting, support, or other family law matters without going to court for a full hearing.
8. It's also a good idea to speak to a trusted and open-minded friend about what you're asking for in court. Their input could be helpful.
9. Be prepared to tell the judge exactly what you want and why.
- See this picklist for the type of orders the judge makes.
- Talk to family duty counsel, a lawyer, or a legal clinic or legal advocate about the orders you want, to check that they're reasonable and allowed under the Family Law Act. They can also advise you about the evidence you need.
- Although not needed, preparing and filing a brief affidavit (Form 45) before the FMC can be helpful. You can ask a family lawyer about whether this is helpful in your case.
What to do at your FMC
Here are some tips to help you for the day of your FMC.
- Plan ahead by booking off work or arranging child care. Arrange a quiet, private place with internet access for the day of your FMC. Follow the remote appearance instructions you receive from the court.
- Wear clean, neat clothing (you don't need to dress up or wear a suit).
- Listen politely to everyone at the conference. Never interrupt the judge. Speak respectfully to everyone.
- Always stay calm, serious, and polite (don't roll your eyes, for example). You can try to watch the judge's expression for clues about how you're doing.
- When it's your time to speak, refer to your notes if they help as a memory aid and to calm your nerves.
- If you're feeling too scared or stressed to speak, ask for a break to talk to duty counsel or your lawyer. Say, "I have important information to share, but I'm feeling too scared and overwhelmed to tell my side of the story. Can I please have a break to talk to my lawyer?"
- If you don't have a lawyer at the conference or feel too stressed to share your information, tell the judge, "I'm asking you to not make any orders today, and to order another FMC where I can bring a lawyer. I have important information that you should know, but I'm not able to tell it to you today." The judge will consider your request when deciding how to proceed.
The judge:
- may not seem friendly, just neutral
- will have your documents in front of them and may refer to them as you talk
- may interrupt you to ask for information while you're speaking
What happens if someone doesn't file a reply or show up for the FMC?
If the other person doesn't file a reply to an application or attend the FMC:
- the FMC can still go ahead with just one of you there, and
- the judge can still make interim orders.
The other person still must obey the orders, even if they weren't there when they were made. But they can make an application to change any orders they don't agree with.
The outcome
You might get the order you asked for at the conference, if:
- you and the other person agree, and you asked for a consent order
- the judge decides to make a temporary order that will last until your next appearance in court
The judge may also make a conduct order or case management order about next steps.
If you don't get the order you asked for, the judge may order another court appearance or consensual dispute resolution, counselling, or other community resources.
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