Can the Family Court grant a request for Summary Dismissal of Family Law Claim, and under what circumstances?
Summary Dismissal of Family Law Claim – Civil Procedure Regulations
Chapter V of the Civil Procedure Regulations, 2018 (hereinafter: “the Regulations”) deals with summary dismissal. The term ‘summary dismissal’ actually includes two concepts: dismissal on the pleadings (Regulations 41-42), and summary judgment (Regulation 43).
The difference between these two terms is significant: a plaintiff whose claim is dismissed on the pleadings by the court or the registrar can file the claim again, whereas a plaintiff whose claim is dismissed summarily cannot refile the claim. This means that the harm to the plaintiff’s rights is greater and pertains to establishing a court act.
According to Regulation 41, the court or the registrar may order the dismissal of a statement of claim if it does not disclose a cause of action, if the claim is frivolous or vexatious, or if the plaintiff fails to comply with court orders or the regulations. Regulation 42 allows the court to dismiss a claim if it finds that it was filed as part of a party’s abuse of judicial procedures.
Any of these grounds can establish a basis for dismissal on the pleadings.
Regulation 43 states that the court or the registrar may dismiss a claim summarily in the following cases: due to a court act, statute of limitations, or any other reason indicating that the claim could have been dismissed outright.
Summary dismissal due to a court act means that the plaintiff’s case has already been adjudicated and a judgment has been rendered, preventing them from raising the issue again.
Summary Dismissal of Family Law Claim – Judicial Approach
In CA 5337/17 Katz et al. v. Katz, the Supreme Court ruled, as it had already done in the past, that the measure of immediately dismissing a claim has far-reaching implications on the plaintiff’s rights and their access to the courts. However, it serves an essential function in filtering out frivolous claims.
The court held that when balancing the right of access to the courts with considerations of legal and procedural policy, it must use the remedy of summary dismissal with great caution. This remedy should only be used in cases where the court is convinced that even if the trial proceeds fully and the facts alleged in the statement of claim are proven, the claim still will not entitle the plaintiff to the relief sought.
Thus, summary dismissal is an extreme measure that the court will not easily grant. The court must exercise great caution when deciding on the dismissal or summary judgment.
Outright Dismissal of a Lawsuit in Family Matters
When a request for summary dismissal is filed in family court, it will be reviewed based on the same criteria used in other civil courts. This means the request will be scrutinized with great care, balancing the right of access to the courts with policy considerations, including preventing frivolous litigation and harassment of the parties involved.
One case where the family court used summary dismissal is Family Case No. 55661-03-18 Anonymous v. Anonymous (before Judge Tal Peperny). In this case, a request for summary dismissal of the respondent’s claim to increase child support payments agreed upon by the parties was filed. The agreement, approved as a judgment, set child support at 2,800 NIS for their minor child.
The petitioner argued for summary dismissal due to the respondent’s extreme bad faith, noting that reopening a child support judgment agreed upon by the parties is rare due to its contractual nature.
Judge Tal Peperny reviewed the request under the old Civil Procedure Regulations 100 and 101 (replaced by 41-43 in 2018), noting that the law requires courts to act with great caution when deciding on summary dismissal, which should be granted only in extreme and exceptional cases.
The judge ruled that in this case, which involved child support, a child support judgment does not constitute a court act. When there is a substantial change in circumstances, the judgment can be reviewed. However, the party claiming a substantial change must prove it was unforeseeable at the time of the agreement. Additionally, changes to child support judgments should occur only in exceptional cases, and only if the following conditions are met: 1. Injustice would result if the judgment remains unchanged due to the substantial change in circumstances. 2. The parties left, explicitly or implicitly, room for changes. 3. The party seeking the change acted in good faith.
In this case, the respondent failed to demonstrate even “prima facie” evidence of a substantial change in circumstances justifying a change to the agreement, which was approved as a judgment only two years prior.
“I believe her appeal to the court now is not entirely in good faith and does not align with the child’s best interest,” wrote the judge in his decision. Therefore, the judge accepted the request and ordered the dismissal of the statement of claim.
In another family court case (Family Case No. 61511-07-18), the court denied a request for summary dismissal of a declaratory judgment action regarding property rights filed by the respondent against the petitioners – the estate of her deceased mother and two of her siblings.
The petitioners argued for dismissal due to statute of limitations, delay, and failure to join a necessary party.
Judge Vered Shavit Finkelstein ruled that the prevailing law is that dismissal of a claim or summary judgment should only occur in exceptional cases, as these are extreme measures. The court should grant such relief only when it is clear that the plaintiff cannot obtain the requested relief based on their claims under any circumstances.
The judge noted that when a request for summary judgment is based on statute of limitations, it is inappropriate to grant it when the limitation period and delay are tied to factual questions that have not yet been resolved.
The judge ruled that a legal proceeding is necessary to determine the relevant facts, after which the issues of statute of limitations and delay will be decided.
Thus, the request for summary dismissal was denied.
From these rulings, it is evident that the right of access to the courts is of utmost importance, and only in rare cases will the court order the summary dismissal of a claim filed in family court. However, when a party acts in bad faith, this will be considered, and the request for dismissal may be granted, as well as in other exceptional cases.
Due to the complexity of the matter, it is recommended to consult a lawyer specializing in family law before filing a request for summary dismissal.
Our office specializes in family law and inheritance. Our lawyers have extensive experience in filing claims in family courts, including requests for summary dismissal in appropriate cases.
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