In a family case, who may impose a provisional measure, and how far does its reach extend?
General information · Not legal advice
Material to check
In a practice file, we read the paper by which the suit was filed, the application for adjudication or the mediation application, to see the case falls within this paragraph; the order itself, which shows who was told to refrain from what; and any application by a party seeking the measure.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading covers a family case where a suit has been filed, an adjudication sought or a mediation applied for, and lets the family court, mediation commission or mediation-dedicated judge, on its own or on a party's application, forbid the opposing party or other interested persons from changing the present state of affairs or disposing of a thing, where that is found especially necessary to resolve the case; it adds that in an urgent case the presiding judge or the mediation chief may make the same order alone.
A second reading notes that beyond forbidding such an act, the same bodies may make dispositions they recognise as proper, such as preserving property related to the case and the supervision and upbringing of interested persons, and leaves both 'especially necessary' and 'proper' to their own recognition, so the paragraph fixes who may act and what it reaches, not the standard applied.
Your judgment
When the file holds only the parties' filings, what in it would show that the measure was especially necessary for resolving the case?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which bodies may act or what the measure reaches, or if a court decision on what counts as especially necessary for resolving the case narrows or widens the scope.