Litigation: The Family Law Process - Mandatory Information Program
Welcome back to part 6 of our Family Law Process series. These posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.
5. Serving and filing court documents
6. Mandatory Information Program
7. Conferences
8. Motions
9. Trials
What is the Mandatory Information Program (MIP)?
When parties contest issues, unless their claim is for divorce or costs only, or if the issues are proceeding on consent, then a Mandatory Information Program (“MIP”) session is required, and both parties must attend the session, at separate times. The MIP acts as an informational session to help the parties understand the family law system and court process. It is a 2-hour long session in which the parties also gain information on community resources and programs, issues facing family law litigants, alternative options to litigation such as mediation and arbitration, as well as discussing the effects of separation and litigation on the parties and children. The MIP was enforced as a method to improve the family justice system and allow for transparency within the court system and of the process involved.
Under Section 8.1 of the Family Law Rules, the MIP applies to individuals making the following claims:
1) A claim for decision-making responsibility, parenting time or contact in regard to a child;
2) A claim regarding net family property;
3) A claim regarding a matrimonial home;
4) A claim for support;
5) A restraining order; and/or
6) A motion to change a final order or agreement, except motions that deal only with changing child or spousal support.
The session is held in the court where the Application was filed. Before the parties can appear before a judge to begin resolving their matter, the spouses must attend the MIP separately on the date that has been provided to them. Parties are required to bring their MIP notice with them to the session. As discussed in our previous blog posting, once their documents are issued, the Applicant will be provided with their signed and dated documents, along with two MIP notices (the “Applicant’s Notice” and “Respondent’s Notice”), and any blank forms that the Respondent will need to complete. The Applicant is required to serve these documents onto the Respondent. Once the parties obtain their notices, they must complete their MIP session within 45 days of the case being commenced. Once the party attends the session, they will receive a certificate of attendance, which must be filed with the court in their Continuing Record at least 2 days before the Case Conference. The Continuing Record is a court file containing all the documents in a party’s case. Although this is rare, a court can order that a party may be exempt from attending the MIP or filing their documents due to urgency, hardship or for another reason that is in the interest of justice.
To note, the above should not be taken as legal advice, and if you have any questions or concerns about your case please speak to a lawyer. To find out how we can help you with your matter, please visit our website at https://www.grantleelaw.ca/ or call us at 905-315-6837 to book your consultation now.
