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This is an official version. Copyright © 2006: Queen’s Printer, Important Information
Newfoundland
and Labrador
Rules of the Supreme Court, 1986 (Amendment) (Filed Under the
authority of section 55 of the Judicature
Act, section 9 of the Unified Family
Court Act and section 25 of the Divorce
Act ( Dated at Barry R. Sparkes, B.C.L. RULES Analysis 1. Part
II.1 Added PART II.1 RULE 56A 56A.01 Definitions
of terms 56A.02 How this Part applies 56A.03 When hearings may be held in private 56A.04 Who may access C 56A.05 Requirement
to keep information confidential 56A.06 Starting a family law proceeding 56A.07 Joining
2 or more claims 56A.08 56A.09 Location,
transfer of family law proceedings 56A.10 How
to serve documents 56A.11 Time
for serving documents 56A.12 How
to oppose a claim and make a claim against an applicant 56A.13 How
to respond without opposing 56A.14 How
to reply to a response 56A.15 56A.16 How
to claim interim relief or get the Court's direction 56A.17 Making an
application without notice 56A.18 Making orders without
notice 56A.19 Setting aside orders
made without notice 56A.20 What may go in an affidavit 56A.21 How case management works 56A.22 What evidence the Court may consider 56A.23 How to set a trial or hearing date 56A.24 56A.25 Judgments
and orders 56A.26 Whether a party is entitled to recover costs 56A.27 What forms 56A.28 56A.29 Custody and
access 56A.30 56A.31 56A.32 56A.33 When parties apply
together under the Divorce Act ( 56A.34 56A.35 56A.36 How to require
disclosure of other information 56A.37 56A.38 56A.39 56A.40 56A.41 56A.42 How to apply for
a d 56A.43 56A.44 56A.45 56A.46 Judgment of divorce 56A.47 Certificate of
divorce 56A.48 56A.49 How to transfer a divorce proceeding 56A.50 Registrar
to forward forms 56A.51 Corollary
relief proceeding 56A.52 Affidavit
supporting an application for variation 56A.53 Copies
of documents required 56A.54 Other provisions apply 56A.55 Registrar
to forward order - Divorce Act ( 56A.56 Children
must be named 56A.57 Discovery
only by leave 56A.58 Child
support - required documents 56A.59 56A.60 Under the Children's
Law Act 56A.61 Under the Family Law Act 56A.62 Enforcement of judgments and orders
56A.64 Application
of Division 56A.65 Registration
of final orders 56A.66 Provisional
order made in 56A.67 Confirmation
of provisional order made outside 56A.68 Investigation
and report to judge 56A.69 Liberal
construction 56A.70 Non
compliance with rules 56A.71 Direction
from judge RULE 56B 56B.01 Application 56B.02 Title
of proceedings 56B.03 Clerk
of the Court 56B.04 Peace bonds 56B.05 Protective intervention proceedings RULE 56C 56C.01 Definition 56C.02 Application 56C.03 Procedure where
project operating 56C.04 Consent orders 56C.05 Where application for
divorce only 56C.06 When a matter is
urgent 56C.07 Provisional orders 2. Repeal 3. Commencement 1. The Rules of the
Supreme Court, 1986 are amended by inserting immediately after Rule 56 the
following: PART II.1 RULE 56A Division I Definitions of terms
(a) "corollary
relief proceeding" means a corollary relief proceeding as defined in the Divorce Act ( (b) "court"
means the Trial Division of the Supreme Court or the Unified Family Court;
(c (i) child protection, (ii) custody and access, (iii) child, parent and
spousal support, (iv) enforcement of
support orders, (v) dividing the property
of married persons, (vi) divorce, (vii) claims for property made by cohabiting persons based on the law of trusts, and (viii) other matters listed
in the Unified Family Court Act,
but does not include adoption; (d) "financial
statement" means a financial statement in (e) "guidelines"
means the Federal Child Support
Guidelines established under the Divorce
Act ( (f) "property
claim" means a claim
(g) "property
statement" means a property statement in Part 6 of (h) "registrar"
includes the Clerk of the Unified Family Court and a Deputy Registrar or
Assistant Deputy Registrar in a Judicial Centre of the Supreme Court of
Newfoundland and (i) "trial" includes a hearing; (j) "uncontested family law proceeding" means a family law proceeding in which (i) the respondent has failed to serve and file a response, (ii) the response (iii) each party to the
proceeding has (A) personally, with an affidavit of execution, or (B) by his or her lawyer; and (k) "vary" or "variation" includes rescind and suspend, or rescission and suspension.
(2) (3) Where a family law proceeding involving a
property claim is commenced in the geographical area covered by the
Unified Family Court (4) Where the practice and procedure in a
particular cause or matter cannot be (5) (6) (7) This Part applies to family law proceedings commenced before, on or after the day when this Part takes effect, except the Court may order that the old rules apply to an existing matter.
Division II
(a) that evidence or
information presented to the court, if made public, (i) the person who is being dealt with in the proceedings, or (ii) a person under 16 years of age who is a witness in or is affected by the proceedings; or (b) that it would be in
the best interest of public morals, the maintenance of order or the proper
administration of justice to exclude
(2) The registrar may permit (3)
(a) shall keep the documents, evidence and any information obtained from them or from the Court record in confidence; and (b) may only use the documents, evidence and information for the purposes of the family law proceeding in which the document or evidence was obtained or to which the Court record relates. (2) (a) the person who disclosed the document or gave the evidence consents to the information being released; (b) the document is
referred to or the evidence is given as part of a trial (c) the document or evidence is used to impeach the testimony of a witness in another proceeding; (d) the document or
evidence is used in a later proceeding between the same parties (e) the person is ordered by a court to disclose the document or evidence. (3) (a) to the person who provided the documents or evidence; (b) to the parties to the family law proceeding; or (c) to a child affected by the family law proceeding. (4)
(2) A person asking to change (3) A person (4) The registrar shall issue the originating
application and file the copy and if an application to change an order is made
in the same court centre where the original order was made it shall be filed in
the original court file (5) An entry of every proceeding shall be made by the proper officer in an appropriate record maintained manually or in electronic form and (a) a file reference assigned to a proceeding shall consist of the year of issue followed by (i) the appropriate symbols referred to in rule 5.04(3), where the proceeding is commenced in the Trial Division, or by the symbols "02U" where the proceeding is commenced in the Unified Family Court, and (ii) the consecutive number of the proceeding in the order of issuing in that year; (b) every document subsequently issued or filed in the same judicial centre in relation to the same parties in the proceeding shall be recorded and shall bear the same file reference; and (c) where a document is subsequently issued or filed in relation to the same parties in the proceeding but in another judicial centre, the registrar shall make arrangements to transfer the file to that judicial centre. (6) Where a party asks for a divorce in a proceeding, the registrar shall, on receipt of the appropriate fee, (a) in addition to the file reference required by rule 56A.06(5), assign to that divorce proceeding a separate number, to be known as a divorce registry number, that follows in sequence the last number assigned to a divorce proceeding in that judicial centre or Unified Family Court, as the case may be; and (b) complete Part I of
the registration of divorce proceeding form referred to in the Central Registry of Divorce Proceedings
Regulations ( Joining
2 or more claims 56A.07. (1) An applicant may claim more than one type of relief in a family
law proceeding and (2) Subject to section (3) Unless the Court determines otherwise, the Court may deal with all
(2) The description of the parties in the style of cause shall remain the same in any subsequent pleadings, on an application within the family law proceeding or an application to vary an order. (3) The Court (a) order that a person
who may have an interest in the matters in issue be served with notice of the
family law proceeding (b) give directions
(2) The Court may direct that a family law proceeding be transferred to any judicial centre (a) with the consent of the parties; (b) (c) (3) (4) Where an order (a) issue the order without referring it to a judge; or (b) refer the matter to a judge.
(a) an originating application for divorce; (b) an originating application seeking custody or access to children; (c) a notice of contempt application; (d) a subpoena to witness; (e) a notice of application or notice of default hearing in which the person to be served faces a possibility of imprisonment; or (f) where personal service is otherwise required by law. (2) Service of documents not listed in (1) on a person in a family law proceeding may be made (a) in accordance with Rules 6 and 6A; (b) by leaving a copy with a lawyer who accepts service for the person in writing on a copy of the document; (c) by mailing a copy to the person, together with an acknowledgement of service in Form 56A.10C, all in an envelope that is addressed to the person and has the sender’s return address (but service under this clause is not valid unless the return postcard, signed by the person, is filed with the court); (d) by leaving a copy at the person’s place of residence, in an envelope addressed to the person, with anyone who appears to be an adult person resident at the same address and, on the same day or on the next, mailing another copy to the person at that address; or (e) if the person is a "board" or "director" as defined in the Child, Youth and Family Services Act, by leaving a copy with the Director of Child, Youth and Family Services for that applicable Board. (3) When a document has been served by a method
not permitted by these rules or (a) came to the attention of the person to be served; or (b) would have come to the person’s attention if the person had not been evading service. (4) Where a document (5) Service of a document may be proved by (a) a written (b) an affidavit of service in Form 56A.10A; (c) the return postcard
mentioned in (d) (6) Under this Part, service of a document outside
of the Time for serv 56A.11. (1) An
originating application shall be served within 6 months of the date it is issued by the
Registrar.
(2) An application to extend the time for service may be made to the Court before or after the 6 months expires without giving notice of the application to the other parties.
(a) within 30 days after
service of the originating application if the respondent was served in (b) within 60 days after
service of the originating application if the
respondent was served outside (2) (3) A respondent who claims any relief against the applicant shall make that claim in the response. (4) A
(2) The applicant may proceed against a respondent who has served and filed a demand for notice as if that respondent had failed to serve and file a response, but shall serve on that respondent notice of all subsequent pleadings and proceedings.
56A.15. (1) Where a
respondent fails to serve and file a response within the prescribed time or serves and
files a demand for notice, the applicant may, on filing proof of service
of the originating application, require the registrar to issue a notice of
default in Form 56A.15A (2) After notice of default has been issued, the
respondent is
not permitted to (a) the consent of the applicant; or (b) leave of the Court, and the court may proceed to
56A.16. (1) (2) An applicant shall serve the
application on the other parties to the family law proceeding
(4 (5 (6 (7 (a) gives permission (b) orders
that (c) gives other directions
relating to pre-hearing procedure and the conduct of the Making
an application without notice 56A.17. (1) An application may be made without notice to a party or another person interested or affected where (a) a statute or rule permits the application to be made without notice or before a party is served; or (b) the court is satisfied that (i) the delay caused by giving notice would or may impose serious harm or prejudice on the applicant or a child affected by the application; (ii) there is a degree of urgency for another reason that makes it inappropriate to give notice; or (iii) the circumstances of the case make notice unnecessary. (2) A person who makes an application without giving notice shall file an affidavit stating why the applicant is entitled to proceed without notice and what steps have been or may be taken to minimize the prejudice to persons who will not be notified of the application. (3) When an application is made without notice the Court may (a) refuse to hear the application until notice is given to a party or person affected by or interested in the application; (b) shorten the normal time for the giving of notice; (c) order that a hearing be held as quickly as possible; (d) hear the application without notice on terms and conditions the Court considers just; and (e) make another order that balances the interests of the applicant with the interests of a party or person affected by or interested in the application. Making
orders without notice 56A18. (1) The Court may grant an order on an application without notice on terms and conditions that may include the applicant giving an undertaking or providing security. (2) Except in special circumstances, when the Court makes an order without notice the Court shall set an early return date for a hearing and the applicant shall serve notice of the hearing on all parties and persons affected by or interested in the order. Setting
aside orders made without notice 56A.19. (1) A party to or person affected by or interested in an order made without notice may apply to set aside or change the order by filing an application and serving it on the other parties at least 2 days before the date set for hearing the application, or on shorter notice where the Court has given permission. (2) The Court may on an application made under (1) or on its own motion set aside or change an order made without notice. (3) At a hearing held under (1) or under rule 56A.18(2), the party who obtained the order without notice has the burden of satisfying the Court that that order should be continued and the Court shall consider all relevant evidence in determining whether the order should be continued.
(2 (a) the application on which the affidavit will be used is for an interim order, or for a matter which will not determine the final outcome of the family law proceeding; and (b) the source of the information is identified by name, the affidavit states that the person signing it believes the information is true, and the circumstances that justify the use of information learned from someone else are stated. (3 (a) (b) award costs against the party filing the affidavit or that party's lawyer. (5) Where an affidavit contains material that is
irrelevant or that may delay the trial or make it difficult to have a fair
trial, or that is unnecessary or an abuse of the Court process, the Court may,
on application by a party or on its own (a) (b) award costs against
the party filing the affidavit or that party's (6) Where an affidavit or part of an affidavit has
been
(2) At a case management meeting, the judge and the parties shall: (a) explore the chances of settling the case; (b) identify the issues that are in dispute and those that are not in dispute; (c) explore ways to resolve the issues that are in dispute; (d) ensure that relevant
evidence is disclosed (e) note (f) set the date for the next step in the case; (g) have the parties agree to a specific timetable for the steps to be taken in the case before it comes to trial; and (h) (3) At a case management meeting the judge may (a) make an order for document disclosure; (b) make an order for an appraisal of the value of property; (c) set the times for events in the case or give directions for the next step including follow-up case management meetings; (d) refer any issue for alternate dispute resolution; (e) direct an interview of a child; (f) order psychiatric and/or psychological assessments; (g) order home assessments; (h) order an accounting by the registrar; (i) order that the evidence of a witness at trial be given by affidavit; (j) make any unopposed order or an order on consent; (k) if notice has been served, make an interim order with the consent of the parties or a final order; (l) make an order amending pleadings or other documents; (m) make an order limiting the number of expert witnesses and determining how they may give their evidence; (n) make an order requiring the parties to make arrangements for expert witnesses to meet, on a without prejudice basis, to determine those matters on which they agree and to identify those matters on which they do not agree; (o) make an order for directions as to the manner of conducting lengthy and complex trials; (p) order that a pre-trial or settlement conference be held; and (q) make an order that will promote a fair and expeditious resolution of the case. (4) Where an issue in a family law proceeding has
been referred by the court to a mediator or other person for alternate dispute resolution (a) attempt to meet with the parties and, if they agree, attempt a resolution of their dispute; and (b) meet with (5) (6) Where (a) information the assessor considers relevant to the matters in dispute; (b) an opinion as to the suitability of each party to have custody or access; (c) an opinion as to what plan of custody and access would be in the best interests of the children; (d) the basis of the opinion; and (e) a report upon any What evidence the Court may
consider 56A.22. (1) The Court may (2) The Court may (3) If it is relevant to a proceeding that a party has
committed adultery that party shall not How
to set a trial or hearing date 56A.23. (1) When a party wishes to set a date for a trial or hearing, the party shall contact the registrar to obtain a date for a case management meeting. (2) At the case management meeting the judge shall determine whether the parties are ready for a trial or a hearing and the Court may make an order described in rule 56A.21(3). Applying for judgment in
an u 56A.24. (1) Where a demand for notice has been served in an uncontested family law proceeding under rule 56A.13, the applicant shall file and serve a notice of application for judgment in Form 56A.24A before applying for judgment. (2) In an uncontested family law proceeding, any
information or evidence required to enable the Court to perform its duties, and
the evidence required to prove the claim, shall be presented by affidavit,
unless the Court orders
(3) Where the uncontested family law proceeding includes a claim for divorce, the applicant shall file the information required under rule 56A.44. (4 (a) grant a judgment
without (b) direct that a (5 (a) an application for judgment in Form 56A.24B
requesting that the proceeding be (b) evidence to satisfy
the Court that the respondent (c) an affidavit (i) (ii) (iii) where costs are
claimed, (d) any other affidavits or supporting materials that may be required in the family law proceeding. (5 (6 (7) Where a statute requires the Court to state reasons, the judge making the decision may state the reasons of the Court by noting them on the folder containing the court record. Judgments
and orders 56A.25. (1) Subject to rule 56A.45 (Applying jointly for divorce), where an applicant claims relief under more than one statute the Court may issue one judgment with respect to all relief, naming the relevant statutes. (2) The Court may issue a separate judgment for
each claim for relief on the request of a party. (3 (a) the consent of the lawyer of each party who is represented by a lawyer; and (b) the written consent of each party who is acting in person, or of a respondent who has not appeared, with an affidavit of execution of that consent.
(2) A successful party who has behaved unreasonably or has acted in bad faith during a family law proceeding (a) may be deprived of all or part of the party's own costs; or (b) may be ordered to pay all or part of the unsuccessful party's costs. (3) In deciding whether a party has behaved
reasonably or unreasonably or in bad faith, the Court may (a) the party's behaviour
in relation to the nature, importance and urgency of the issues (b) any conduct of the
party which (c) whether any step taken by the
party in the (d) the party's denial or refusal to admit anything that should have been admitted; (e) whether the party made an offer to settle; (f) the reasonableness of any offer to settle the party made; and (g) any offer to settle the party withdrew or failed to accept. (4) The Court may order costs against a party if the party (a) does not appear at a step in the family law proceeding; (b) appears but is not properly prepared to deal with the issues at that step; or (c) appears but has failed to make the disclosure required before that step. Division
(a) a child support information sheet shall be in Form 56A.58A; (b (c (d
(a) the party claiming child support is not required
to file a financial statement, but is required to file and serve a child
support information sheet with the originating application; and (b) (2) Where the parties have agreed on an amount of
child support, the parties shall set out the agreement in Form 56A.28A, and unless
the court otherwise orders the parties are not required to file financial
statements. (3) If an applicant or respondent is claiming child
support or
a variation of child support higher than the basic table
amount set by the guidelines or is claiming special expenses (a) that party is
required to file and serve a financial statement and a child support
information sheet with the originating application; and (b) the person responding
to the claim
is required
to file and serve a financial statement and a child support information sheet. (4) The person responding to the claim is required to
file and serve any forms required by this rule within (a) 30 days after service of the application claiming
support if
the respondent was served in (b) 60 days after service of the application claiming
support if
the respondent was served outside Custody and access 56A.29. Parties to a
claim for custody of or access to a child, where no claim is made for support,
do not need to file and serve financial statements, unless the
Court orders them to do so. Spousal or parental support 56A.30. (1) A party to a claim for
spousal or parental support shall file and serve financial statements unless (a) the parties have
agreed on the relief to be granted; and (b) the parties have
filed a waiver of financial and property statements in Form 56A.30A. (2) The person making the claim shall file and serve
the financial statement with the document making the claim. (3) The person responding to the claim shall file and serve
the financial statement with his or her response or reply. Property claims 56A.31. (1)
A party to a
property
claim shall file and serve property statements
unless (a) the parties have
agreed on the relief to be granted; and (b) the parties have filed a waiver of financial and property statements in Form 56A.30A. (2) The person making the claim shall file and serve the property statement with the document making the claim. (3) The person responding to the claim shall file
and serve the property statement with his or her response or reply. Divorce 56A.32. The parties to a divorce proceeding where there are children for whom support may be ordered but no one is claiming child support, shall produce at least 10 days before the determination of the proceeding the income information required by the guidelines.
When parties apply together
under the Divorce Act (
(a) a financial statement
of each applicant or co-applicant, together with the income information
required by the (b) an agreement as to child support in Form 56A.28A, and the documents referred to in that form; or (c) where there are no children for whom support may be ordered, a waiver of financial and property statements in Form 56A.30A.
(2) (3) Where the (a) make the objection in writing, setting out the reason for the objection; and (b) file and serve the objection,
together with the information which that party does not object to disclosing,
within the time for service (4) Rule 32 (Discovery and Inspection of Documents)
56A.36. (1) In a family law proceeding where financial or property statements are required, a party may once without leave, and at any other time with leave of the Court, file and serve a notice to reply to written questions in Form 56A.36A. (2) On being served with a notice to reply to written questions the opposite party shall answer the questions in the form of an affidavit filed and served within 15 days after service of that notice. (3) Where the opposite party objects to answering a question asked in a notice to reply to written questions, that party shall (a) make the objection in writing, setting out the reason for the objection; and (b) file and serve the
objection, (4) The court may make an order for costs where
the questions are excessively long, (5) Rule 31 (Interrogatories)
(2) Where an objection has been made under rule
56A.38. If a party has not filed and served a financial statement or a property statement as required by this Part, or a response to a notice to file income information, a notice to disclose, or a notice to reply to written questions served on him or her, on application the Court may make an order (a) where child support
is in issue, (b) (c) directing that the party file and serve within a specified time (i) the financial statement or property statement, (ii) the income information requested in a notice to file income information, (iii) the financial or property information requested in a notice to disclose, (iv) the answers requested in a notice to reply to written questions; (d) granting any other remedy requested or appropriate; and (e)
(a) the correct information or a new statement containing the correct information; and (b) any documents substantiating the information. (2) Where (1) applies the new financial statement
or property statement or the affidavit (a) at least 7 days before a hearing of an application or before a trial; or (b) at least 10 days before a case management meeting or pre-trial or settlement conference.
56A.40. (1)
Except as provided (2) Where the Court makes a determination of undue hardship under the guidelines, the Court may order any of the following persons residing with a party to file and serve a financial statement with Part 1 of that statement completed: (a) a person who has a legal duty to support the party or whom the party has a legal duty to support; (b) a person who shares living expenses with the party or from whom the party otherwise receives an economic benefit as a result of living with that person if it is reasonable to consider that person as part of the party's household; or (c) a child whom the
party or the person described in (3) (4) Where a party has not made satisfactory disclosure after service of an order to file and serve a financial statement or property statement, after service of an order to respond to a notice to file income information, a notice to disclose or a notice to reply to written questions or as may have been further directed by the Court, the Court may (a) order a person other than a party, including a corporation or government institution, to provide information in that person's custody or control that may be relevant to the issues before the Court; and (b) give any directions that may be appropriate. (5) A party seeking an order under (a) the party seeking the order has been unable to obtain the information by more informal methods; (b) it would be unfair to require that party to proceed to trial without the information; and (c) the disclosure requested (i) will not unduly delay the progress of the family law proceeding, (ii) will not entail unreasonable expense for any person, (iii) will not result in unfairness to the person from whom disclosure is sought, or (iv) is not otherwise prohibited by law. (6) A person served with an order granted under (a) provide a written statement to the requesting party detailing the information requested; or (b) bring an application for exemption from providing any or all of the requested information. (7) An order granted under "Take notice that you must, within 30 days after service of this order on you (a) provide a written statement to the requesting party detailing the information requested; or (b) bring an application for exemption from providing any or all of the requested information. If you fail to do so within the time given, the party seeking disclosure may apply on notice to the Court for an order to examine you for discovery, or for any other appropriate order requested." (8) (a) either of the parties to the family law proceeding; or (b) the person ordered to provide information. Failure
to obey disclosure
order 56A.41. If a party does not obey an
order (a) dismiss that party's family law proceeding; (b) strike out any document filed by that party; (c) make a contempt order against that party; (d) order that any information that should have appeared on a financial statement or property statement may not be used by that party at the application or trial; (e) make any other appropriate order, including those orders that may be made under rule 56A.34 (Consequences of non-disclosure). Division IV
(a) either spouse filing an originating application naming the other spouse as a respondent; or (b) both spouses (2) A divorce proceeding includes any application for corollary relief contained in the originating application seeking a divorce. (3) In an application for divorce claiming that the other spouse committed adultery with another person, that person does not need to be named, but if named, shall be served with the originating application and has all the rights of a respondent in the case related to the allegation of adultery. (4) The party filing an application for divorce
shall file a certificate of the marriage or of registration of the marriage (5) A person may apply to the court without giving
notice to the other party for permission to file (6) Where it is impossible or impractical to
obtain a certificate of the marriage or of the registration of the marriage,
the applicant may apply (7) The Court shall not grant a judgment for divorce (a) until a written notification issued from the central registry of divorce proceedings under the Central Registry of Divorce Proceedings Regulations under the Divorce Act (Canada) has been filed indicating that no other divorce proceedings are pending; or (b) unless the Court is satisfied that there is no prior pending divorce proceeding. Divorce
process 56A.43. Parties to a divorce may proceed by way of
oral evidence or
(a) an (i) if no certificate of the marriage or of registration of the marriage has been filed, sufficient particulars to prove the marriage, (ii) evidence to satisfy the Court that there is no possibility of reconciliation of the spouses, (iii) evidence to satisfy the Court that there has been no collusion, (iv) the information about
arrangements for the support of any children of the marriage required by the Divorce Act ( (v) the income and financial information required by the rules in this Part, (vi) where a divorce is sought on the basis of
separation, evidence that the spouses have lived separate and apart for at
least one year immediately preceding the determination of the divorce
proceeding and were living separate and apart (vii) where a divorce is
sought on the basis of adultery or cruelty, evidence that the (viii) where a divorce is
sought on the basis of cruelty, evidence that the conduct of the respondent
spouse (ix) where a spousal support order is sought, evidence of the condition, means, needs and other circumstances of each spouse, (x) where a custody or access order is sought, evidence of the condition, means, needs and other circumstances of the child, (xi) where the originating application is for custody, evidence of the willingness of the person seeking custody to facilitate contact with each parent, (xii) the existence of a written agreement between the spouses, with a copy of the agreement attached where it is relevant to the relief claimed, (xiii) the existence of a previous Court order between the spouses, with a copy of the order exhibited, (xiv) where no address for service of the respondent has been provided by the respondent or given in the affidavit of service, evidence to satisfy the Court of the present address of the respondent or evidence to satisfy the Court that service of the judgment on the respondent should be dispensed with, and (xv) any other information necessary for the Court to grant the divorce; (b) where a divorce is sought on the basis of adultery (i) an affidavit of respondent, admitting adultery, in Form 56A.44A, with sufficient particulars to prove the adultery, or (ii) any other evidence that may satisfy the Court that the respondent has committed adultery; (c) any other supporting materials and affidavits that may be necessary or desirable; (d) a draft judgment in Form 56A.46A; (e) where child support is claimed, a draft child support order; (f) a draft certificate of divorce in Form 56A.47A completed to the extent possible; and (g) 4 envelopes, approximately 19 centimetres by 26.5 centimetres, (i) 2 of which are addressed to the respondent at
the address given in the affidavit of service of the (ii) 2 of which are addressed to the applicant at the address for service provided by the applicant. (2) (3) Where an applicant does not apply for judgment in an uncontested divorce proceeding based on separation, the respondent may apply by notice of application for judgment in Form 56A.24A, and if the respondent does so, the respondent shall file with that notice (a) an application for judgment in Form 56A.24B requesting that the action be determined on the basis of affidavit evidence; (b) an affidavit of the
respondent which shall be in Form 56A.24C with any necessary modifications and
which shall also comply with the requirements of (1)(a) (c) any other affidavits or supporting materials that may be required in the proceeding. (4) Where a statute requires the Court to state reasons and oral evidence has not been heard, the judge making the decision may state the reasons of the Court by noting them on the folder containing the court record.
(2) Where a divorce proceeding has been (a) need not include the notice to respondent; (b) shall be signed by the co-applicants; (c) shall be signed and sealed by the local registrar following the signatures of the co-applicants; (d) need not be served on either of the co-applicants; and (e) need not be noted for default. (3) An application made under this (4) A spouse who wishes to withdraw from a joint originating application for divorce shall (a) file and serve a notice of withdrawal of joint originating application in Form 56A.45A; and (b) if that spouse wishes
to oppose the claim for divorce or other relief claimed, or wishes to claim
other relief, file and serve a (5) Where co-applicants apply for judgment in a divorce proceeding, they shall file and the registrar shall place before the Court the materials required under rule 56A.24(5) and rule 56A.44(1), with any necessary modification. (6) Where a statute requires the Court to state reasons, the judge making the decision may state the reasons of the Court by noting them on the folder containing the court record. Judgment
of divorce 56A.46. (1) A judgment in a divorce proceeding shall be in Form 56A.46A. (2) (3) Where a claim for divorce is made together with one or more other claims, the Court may (a) grant a divorce and direct that a judgment of divorce alone be entered; and (b) either (i) adjourn the hearing of the other claims, or (ii) give judgment on the other claims. (4) (a) a copy of the judgment granting a divorce; and (b) a copy of Certificate
of divorce 56A.47. (1) A certificate of divorce, stating that a divorce dissolved the marriage of the parties as of a specified date, shall be in Form 56A.47A. (2) The registrar shall issue a certificate of divorce, on request of either party, on or after the day on which the judgment granting the divorce takes effect, where (a) the registrar is
satisfied that (b) the spouses have signed and filed with the registrar an undertaking that no appeal from the judgment will be taken, or if any appeal has been taken, that it has been abandoned. (3) In uncontested divorce proceedings, the
registrar shall complete the certificate of divorce and mail a copy to each of
the parties immediately (4) Where a certified copy of the certificate of divorce is requested, the registrar shall provide a copy under the seal of the Court.
56A.48. How to transfer a divorce proceeding 56A.49. A divorce
proceeding may be transferred under section 6 of the Divorce Act (Canada) to the Court from a Court outside the province
by filing certified copies of all pleadings and orders made in the proceeding. Registrar
to forward forms 56A.50. The registrar in
the office in which the proceedings were Corollary
relief proceeding 56A.51. (1) A person who is
divorced (2) Where both former spouses (a) the application shall be signed by both of them; (b) the application need not be served on either of them; and (c) the judgment granting the divorce shall be attached to their joint affidavit. Division V Affidavit
supporting an application for variation 56A.52. An affidavit (a) the place where the parties and the children ordinarily reside; (b) the names and birth dates of every child of each of the parties in the custody or care of either of them; (c) (d) details of current custody and access arrangements; (e) details of current support arrangements, including details of any unpaid support; (f) details of the
current financial circumstances of the parties, with a financial statement
completed by the party applying for variation where required by Division (g) details of the
variation asked for and of the changed circumstances that (h) in an application to
vary a support order or agreement, whether the support was assigned to be paid to
someone else and any details of Copies
of documents required 56A.53. (1) A copy of the following shall be filed in support of an application for variation: (a) any existing order that deals with custody, access or support; and (b) where the order (2) A copy of any existing agreement that deals
with custody, access or support shall be (3) For the purposes of this rule, a document that
has previously been filed with the Court need not be filed or Other
provisions apply 56A.54. (1) The provisions for financial disclosure in this Part apply to an application for variation. (2) The provisions of rule 56A.51(2) apply to an application for variation of child support. (3) The provisions of rule 56A.51(2)
respecting joint applications apply to an application for variation of
corollary relief order under the Divorce
Act ( Registrar
to forward order - Divorce Act ( 56A.55. Where the Court varies, other
than provisionally, a corollary relief order made under the Divorce Act ( (a) the court that made the original order; and (b) any other court that has varied the original order. Division VI Children
must be named 56A.56. An application or response claiming divorce, custody, access or child support shall (a) set out the names and birth dates of every child of the applicant or the respondent in the custody or care of either of them and whether or not any relief is claimed with respect to that child; or (b) include a statement that there are no children of the parties who are in the custody or care of either of them. Discovery
only by leave 56A.57. A party is not permitted
to examine another party for discovery purposes Child
support - required documents 56A.58. (1) A party claiming child
support or variation of child support shall file and serve a child support
information sheet in Form 56A.58A with (2) If an application contains a claim for variation of a support order or agreement, any required income information previously disclosed and filed with the Court need not be filed again, if a document is filed identifying the income information, stating that it is in the Court file, and stating the date it was filed with the Court. (3) Where there is a claim for child support, the registrar shall not accept a party's financial information unless (a) copies of the party's income tax returns and notices of assessment are attached as the form requires, except where a copy is identified as already in the Court file; (b) a statement from the Canada Customs and Revenue Agency that the party has not filed any income tax returns is attached; (c) the party's signed Canada Customs and Revenue Agency Consent in Form 56A.58B for disclosure of the party's income tax returns and notices of assessment, is attached; or (d) the financial
statement contains a declaration that the party is not required to file an
income tax return by reason of the Indian
Act ( (4) All applications for consent orders and applications for judgment in uncontested family law proceedings, where there are children, shall be accompanied by the child support information sheet. (5) The party claiming child support or variation
of child support shall include the following in the (a) whether child support is sought in accordance with the table amount determined under the guidelines; (b) whether the party claims (i) there is a child of the age of majority or over, (ii) the income of the payor is over $150,000, (iii) the payor stands in the place of a parent for the child, (iv) there is split custody, each party having custody of one or more children, or (v) there is shared custody of a child; (c) whether a claim for undue hardship is being advanced; or (d) whether special or extraordinary expenses are sought, the child to whom the expense relates and the particulars of the expense and amount claimed. (6 (7 (a) the name and birth date of each child to whom the order relates; (b) the income of any party whose income is used to determine the amount of the child support order; (c) the table amount determined under the guidelines for the number of children to whom the order relates; (d) for a child the age of majority or over, the amount that the Court considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each party to contribute to the support of the child; (e) the particulars of any special or extraordinary expense described in the guidelines, the child to whom the expense relates, and the amount of the expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense; (f) the date on which the lump sum or first payment is payable and the day of the month or other time period on which all subsequent payments are to be made; and (g) that it shall be enforced by the Director of Support Enforcement and that amounts owing under the order shall be paid to the person to whom it is owed through the director unless the order is withdrawn from the director. Division
(a) if no certificate of
the marriage or of registration of the marriage has been filed, (b) evidence that there
has been no collusion or connivance between the parties. Under
the Children's Law Act 56A.60. Where an applicant applies
for judgment in an uncontested family law proceeding under the Children's Law Act, in addition to the material
required to be filed under r (a) where the applicant is not a parent, evidence to satisfy the Court that the applicant has a sufficient interest; (b) where the originating application is for custody, evidence of the willingness of the person seeking custody to facilitate contact with each parent; (c) where the originating application is for custody or access, evidence of the quality of the relationship that the child has with the applicant, the personality, character and emotional needs of the child, the capacity of the applicant to act as legal custodian of the child or to care for the child during the times that the child is in the applicants care, and the wishes of the child, having regard to the age and maturity of the child; (d) where the originating application is for custody, evidence of the physical, psychological, social and economic needs of the child, the home environment proposed to be provided for the child, and the plans that the applicant has for the future of the child; (e) where the originating application is for the appointment of a guardian of the property of a child, evidence of the ability of the proposed guardian to manage that property, the merits of the plan indicated by the proposed guardian for the care and management of the property, the personal relationship between the proposed guardian and the child, and the wishes of the parents of the child; and (f) the existence of any
written agreement, deed, will, or previous Court order applicable to the order
sought, with a copy Under
the Family Law Act 56A.61. Where an applicant applies for judgment for spousal support in an uncontested family law proceeding under the Family Law Act, in addition to contents required under rule 56A.24(5), the affidavit of the applicant in Form 56A.24C shall include: (a) the age and physical and mental health of the spouses; (b) the length of time the spouses cohabited and information about how the applicant may become financially independent and how long it will take; (c) the legal obligation of either spouse to provide support for another person; and (d) the existence of a written agreement or previous court order applicable to the claim for support with a copy of the agreement or order attached. Division VIII Enforcement
of judgments and orders 56A.62. A judgment or order for support may be enforced in accordance with the Support Orders Enforcement Act.
Division IX Interpretation
of division 56A.63. In this Division (a) "Act" means the Reciprocal Enforcement of Support Orders Act; (b) "applicant" includes (i) a claimant as defined in paragraph 2(c) of the Act, (ii) a respondent who makes an application for variation under subsection 2(1) of the Act, and (iii) a former spouse who
makes an application for variation under section 18 of the Divorce Act ( (c) "final order" means a final order as defined in paragraph 2(f) of the Act; (d) "minister" means the Attorney General; and (e) "provisional order" means (i) a provisional order as defined in paragraph 2(h) of the Act, or (ii) in the case of a
proceeding brought under the Divorce Act
( Application
of Division 56A.64. This Division applies to family law proceedings under (a) the Act; and (b) sections 18 and 19 of
the Divorce Act ( Registration
of final orders 56A.65. (1) On receipt of a certified
copy of an interim or final order made by a court outside "This order has been registered in the (name of Court) at the Judicial Centre of _________________________, this __________ day of __________________, 2_____, under s. 3 of the Reciprocal Enforcement of Support Orders Act." (2) On application, the Court may set aside the registration of a final order on the basis that the order (a) was obtained by fraud or error; or (b) was not a final order. Provisional
order made in 56A.66. (1) An applicant who wishes to commence an application for a provisional order shall do so by filing the documents required (a) by these rules; or (b) by statute under which the applicant claims entitlement to support or variation of support. (2) An application under this rule may be made without notice. (3) An application for a provisional order shall be accompanied by a statement giving any available information respecting the identification, location, income and assets of the other party. (4) The registrar shall endorse a certificate at the end of a provisional order, stating the order is made provisionally and has no legal effect until confirmed. (5) Where the Court makes a provisional order, the registrar, or the applicant or his or her lawyer, shall send to the minister (a) the documents filed in accordance with (1) and (3); (b) a certified or sworn document setting out or summarizing the evidence given to the Court; (c) 3 certified copies of the provisional order; and (d) where the provisional
order is not made under the Divorce Act
( (6) Where a court outside (a) the registrar shall give to the applicant a notice of taking of further evidence in Form 56A.66A; and (b) the matter may be brought before any judge of the Court. (7) Where the Court receives further evidence
under this rule, the registrar shall forward to the court outside (a) a certified or sworn document setting out or summarizing the evidence; and (b) any recommendations that the Court considers appropriate. (8) Where confirmation of a provisional order made
in Confirmation
of provisional order made outside 56A.67. (1) On receipt of a
provisional order for confirmation in (a) a notice of confirmation hearing in Form 56A.67A; (b) a copy of the
documents received from the court outside (c) Parts 1 to 5 of an uncompleted financial statement in Form 56A.27A. (2) The Court may make an interim order for support where (a) the matter is remitted back to the court outside Newfoundland and Labrador that made the provisional order for further evidence; or (b) the matter is adjourned because the law of the reciprocating state was not pleaded. (3) Where the Court has requested further evidence on a confirmation hearing and that evidence has been received, the registrar or the minister shall serve the following on the persons concerned: (a) a notice of continuation of hearing in Form 56A.67B; and (b) a copy of the
documents sent by the court outside (4) An order confirming or otherwise dealing with a provisional order may be in Form 56A.67C. (5) An order confirming or otherwise dealing with a provisional order for child support, including an interim order, shall be in accordance with the guidelines. (6) Where the Court makes an order refusing to confirm or varying a provisional order for support, the Court shall provide written reasons for its decision (a) to the minister; and (b) to the court that made the provisional order. (7) Where an order is made confirming a provisional order, with or without variation, the registrar or the minister shall file the order in the Court. (8) On completion of the confirmation hearing the registrar shall forward a certified copy of the order (a) to the minister; (b) to the court that made the provisional order; and (c) to the court that made the support order, where it is not the court that made the provisional order. Division X Investigation
and report to judge 56A.68. (1) (2) All reports directed (3) The person making an investigation and report shall serve a copy of the report upon every party to the proceeding at least 24 hours before presenting that report to the Court. (4) The person making that investigation (5) A party may cross-examine a person giving evidence obtained in the course of an investigation under this rule and may give evidence in reply. Liberal
construction 56A.69. These rules shall be construed liberally to
secure an inexpensive and expeditious but just conclusion Non
compliance with rules 56A.70. Non-compliance with these rules shall not
render a proceeding void unless the Court Direction
from judge 56A.71. A judge may give directions Form 56A.06A (rule 56A.06) In the Supreme Court of Newfoundland and
Court No. _________________________ Court File No. _____________________ Central Divorce Registry No. _____________________ (if applicable) BETWEEN: _________________________ APPLICANT and _________________________ RESPONDENT Originating
Application To this Honourable Court: 1. I/We hereby seek an order for the following:
And/Or I seek to vary the support/custody/access order of Justice _______________ at the ______________ Court at _______________ in the Province of ______________ made on the _______________day of _______________, 20____. And I/We request
Where claim includes divorce 2. My/Our grounds for seeking a divorce are a permanent breakdown of the marriage which has been established by:
or
or
and there has been no condonation or connivance on my part with respect to the conduct alleged above. 3. It is no longer possible for me to reconcile or resume cohabitation with my spouse. 4. I have not entered into any agreement with my spouse or any other person to deceive this Court. 5. I/my
spouse has/have been ordinarily resident in the 6. Particulars of my marriage: (a) Date of marriage _______________ (b) Place
of marriage _______________ (c) Date
I ceased cohabiting with my spouse _______________ (d) Immediately before the marriage I was:
My spouse was:
To
be completed for all claims other than divorce (see affidavit) 7. (a) That the parties were married on _______________, and separated _______________; and
or (b) That the parties were divorced on _______________in the _______________Court at _______________. or (c) That the parties were never married and never lived together but
were in a relationship that began _______________ and ended _______________. or That the
parties were never married but lived together from _______________ to
_______________. or (d) Other (provide
details) _____________________________ To
be completed for all claims (if applicable):
8. (a) Children:
(b) The present parenting (custody and access) arrangements are: ________________________________________________ (c) The proposed parenting (custody and access) arrangements are as follows: ________________________________________________ (d) The present arrangements for the support of our child(ren) is/are : ________________________________________________ (e) The proposed arrangements for the support of our child(ren) is/are: ________________________________________________ 9. Listed
below are all written agreements and court orders affecting the child/ren, me,
or my spouse ________________________________________________ 10. Child Support:
11. Spousal Support:
12. Financial Information: (If support is an issue) (a) My employer’s name and address: ________________________________________________ (b) My gross income: monthly $________ yearly $________ (c) The total income declared on my last income tax return in _____ was $__________. (d) Name and address of my spouse’s employer is: ________________________________________________ (e) My spouse’s gross income: (if known) monthly $________ yearly $________ (f) The total income declared on my spouse’s last income tax return in _____ was: (if known) $__________. 13. I am claiming
14. The basis for my claim for
is: ________________________________________________ I, _________________________, the Applicant, declare the contents of the within originating application are true to the best of my information and belief. SWORN (OR AFFIRMED) at _______________ in the
This
document must be personally served upon the Respondent by an adult other than
the Applicant. To
be completed where claim includes divorce Statement
Of Solicitor I, ________________________, the Solicitor
for _______________________, the Applicant herein, certify to this Court that I
have complied with the requirements of section 9 of the Divorce Act ( DATED at ____________________, this ______________ day of ______________, _____.
Claim
for Special Expenses Under the Federal Child Support Guidelines, a claim is made for additional support to defray the following special expenses: [check appropriate items]:
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