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Newfoundland and Labrador
Regulation 2003


NEWFOUNDLAND AND LABRADOR REGULATION 12/03

NEWFOUNDLAND AND LABRADOR
REGULATION 12/03

Rules of the Supreme Court, 1986 (Amendment)
under the
Judicature Act

(Filed January 28, 2003)

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 (Canada), the Rules Committee of the Trial Division makes the following rules.

Dated at St. Johnís, January 28, 2003.

Barry R. Sparkes, B.C.L.
Registrar of the Supreme Court
Secretary, Rules Committee

RULES

Analysis


††††††† 1. Part II.1 Added

††††††††††††† PART II.1
FAMILY LAW PROCEEDINGS

††††††††††††† RULE 56A
FAMILY LAW

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 Ccourt records

56A.05 Requirement to keep information confidential

56A.06 Starting a family law proceeding - originating application

56A.07 Joining 2 or more claims

56A.08 Who is a partyNaming the parties

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 Noting of defaultConsequences of not responding

56A.16 How to claim interim relief or get the Court's direction

56A.17 Making an application without notice

56A.18Making orders without notice

56A.19Setting aside orders made without noticeon procedural matters

56A.20 What may go in an affidavit

56A.21 How case management works

56A.22 What evidence the Court may consider

56A.23How to set a trial or hearing date

56A.24 How to applyApplying for judgment in an uncontested family law proceeding

56A.25 Judgments and orders

56A.26 Whether a party is entitled to recover costs

56A.27 What forms are requiredto use

56A.28. Child supportWhen statements required

56A.29†† Custody and access †††††††††††††††††††††† When statements not required

56A.30. Child support - income informationSpousal or parental support

56A.31 Financial statements in custody proceedingsProperty claims

56A.32 Joint originating application or applicationDivorce

56A.33 When parties apply together under the Divorce Act (Canada)Documents that require filing of statements

56A.34 Notice to discloseRejection of application

56A.35 Notice to reply to written questionsHow to require the filing of forms

56A.36 How to require disclosure of other informationApplication for directions

56A.37 Order where failure to discloseHow to resolve disputes about disclosure

56A.38 Correcting and updatingConsequences of non-disclosure

56A.39 Disclosure by non-partiesRequirement to keep information current

56A.40 Failure to obey order respecting disclosureWhen non-parties have to disclose

56A.41 Written notification from central registry requiredFailure to obey disclosure order

56A.42 How to apply for a dDivorce process

56A.43 Uncontested family law proceeding - divorceDivorce process

56A.44 Joint divorce proceedingWhere the other party is not objecting

56A.45 Judgment of divorceApplying jointly for divorce

56A.46†† Judgment of divorce

56A.47 Certificate of divorceCertificate of divorce

56A.48 Registration of orderHow to register orders made in another judicial centre under the Divorce Act (Canada)

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 (Canada)

56A.56 Children must be named

56A.57 Discovery only by leave

56A.58 Child support - required documents

56A.59 Judicial separation or nullityApplying to nullify of a marriage

56A.60 Under the Children's Law Act

56A.61Under the Family Law Act

56A.62 Enforcement of judgments and orders

 

†††††††††† †† 56. Enforcement of judgments and orders

56A.63 Interpretation of division

56A.64 Application of Division

56A.65 Registration of final orders

56A.66 Provisional order made in Newfoundland and Labrador

56A.67 Confirmation of provisional order made outside Newfoundland and Labrador

56A.68 Investigation and report to judge

56A.69 Liberal construction

56A.70 Non compliance with rules

56A.71 Direction from judge

††††††††††††† RULE 56B
PROCEEDINGS IN THE UNIFIED FAMILY COURT

56B.01 Application

56B.02 Title of proceedings

56B.03 Clerk of the Court

56B.04Peace bonds

56B.05Protective intervention proceedings

††††††††††††† RULE 56C
FAMILY JUSTICE SERVICES PROJECTS

56C.01 Definition

56C.02 Application

56C.03Procedure where project operating

56C.04†† Consent orders

56C.05Where application for divorce only

56C.06When a matter is urgent

56C.07Provisional 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
FAMILY LAW PROCEEDINGS

RULE 56A
FAMILY LAW?

Division I
Interpretation, Application and Transitional

Definitions of terms

Interpretation††††††††††††††††††† 56A.01.††††††† In this Part

†††††††††††† (a)"corollary relief proceeding" means a corollary relief proceeding as defined in the Divorce Act (Canada);

†††††††††††† (b)"court" means the Trial Division of the Supreme Court or the Unified Family Court;

†††††††††††† (c)"document commencing a family law proceeding" means

††††††††††††††††††††† (i)an originating application, or

†††††††††††††††††††† (ii)any other application provided for by these rules;

†††††††††† (cd)"family law proceeding" means a proceeding under an Act of the province or oflegislation enacted by the Province of Newfoundland and Labrador and by Canada or under the common law or in equity related to family law including:

††††††††††††††††††††† (i)child protection,formation of marriage

†††††††††††††††††††† (ii)custody and access,dissolution and annulment of marriage

††††††††††††††††††† (iii)child, parent and spousal support,judicial separation and separation orders

††††††††††††††††††† (iv)enforcement of support orders,actions and causes of action concerning matrimonial property including injunctions, partition and settlements

†††††††††††††††††††† (v)dividing the property of married persons,restitution of conjugal rights

††††††††††††††††††† (vi)divorce,relief for family dependants on death

†††††††††††††††††† (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,declarations of statutes including validity of marriage, legitimacy and legitimationalimony, support and maintenance including protection orders for deserted spouses,

††††††††††††††††††† (ix)support and maintenance of children including affiliation, child protection proceedings and agreements,

†††††††††††††††††††† (x)enforcement of alimony, support and maintenance orders including reciprocal enforcement of these orders,

††††††††††††††††††† (xi)custody and access,

†††††††††††††††††† (xii)adoption,

††††††††††††††††† (xiii)interspousal and familial torts,

††††††††††††††††† (xiv)change of name,

†††††††††††††††††† (xv)financial support of parents and neglected adults, and

††††††††††††††††† (xvi)those that are provided by or under an Act to be within the jurisdiction of the Unified Family Court;

but does not include adoption;

†††††††††††† (d)"financial statement" means a financial statement in the form prescribed in RuleForm 56A.27A;

†††††††††††† (e)"guidelines" means the Federal Child Support Guidelines established under the Divorce Act (Canada) and the Child Support Guidelines Regulations established under the Family Law Act;

††††††††††††† (f)"property claim" means a claim pursuant or with respect tofor division of property by a spouse under the Family Law Act or by cohabiting persons based on the law of trusts or unjust enrichment;

††††††††††††††††††††† (i)the Family Law Act, or

†††††††††††††††††††† (ii)the principles of common law and equity relating to constructive and resulting trusts involving property alleged to be owned by a spouse or by a person in a relationship tantamount to spousal;

†††††††††††† (g)"property statement" means a property statement in Part 6 of the form prescribed in ruleForm 6056A.27A;

†††††††††††† (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 Labrador, Trial Division;

††††††††††††† (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 or response and counter-claim has been withdrawn or struck out, or

††††††††††††††††††† (iii)each party to the proceeding has endorsed indicated his or her consent on the draft judgment or order, either

††††††††††††††††††††††††††† (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.

Application and transitionalHow this Part applies

Application and transitional†††††††††††††††† 56A.02.††††††† (1) This Part applies to family law proceedings in the Court and may be cited separately as the Family Law Rules.

†††††††††††† (2)Unless provided otherwise by statute or by the rules in this Part, the general procedure and practice of the Court shall be adopted and applied, with necessary modification, in a family law proceeding.The general practice and procedure of the Court apply with the necessary modifications unless this Part provides otherwise.

†††††††††††† (3)Where a family law proceeding involving a property claim is commenced in the geographical area covered by the Unified Family Court involving a property claim, that proceeding shall be taken in Unified Family Court if the parties are married and in the Trial Division if the parties are unmarried.

†††††††††††† (4)Where the practice and procedure in a particular cause or matter cannot be ascertained determinedunder rule 56A.02(2), the Court may adopt the practice and procedure that is necessary to permit the cause or matter to proceed.

†††††††††††† (5)The Court, having due regard for the proper administration of justice, shall conduct all family law proceedings as informally as the circumstances of the case permitFamily law proceedings will be conducted as informally as the circumstances of the case permit.

†††††††††††† (6)A party may vary a form prescribed by this Part as the circumstances of the family law proceeding may requireThe forms prescribed by this Part may be changed if necessary.

†††††††††††† (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.

††††† (8)†††††††††††††††† If a family law proceeding was started before this Part takes effect, the Court may, on application or its own motion, order that the proceeding or a step in the proceeding be carried on under the rules that applied before this Part took effect.

Division II
General Matters

Private hearingsWhen hearings may be held in private

Private hearings††††††††††††††† 56A.03.††††††† The judge may exclude a person other than counsel and witnesses from all or part of a proceeding where the judge considers that his or her presence is unnecessary andWhere the judge is of the opinion

†††††††††††† (a)that evidence or information presented to the court, if made public, would be seriously injurious or seriously prejudicial toseriously injure or prejudice

††††††††††††††††††††† (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 the members of the publicthe person from the court room.,

the judge may exclude a person other than counsel and witnesses from all or part of the proceedings where the judge considers that personís presence to be unnecessary to the conduct of the proceedings.

Access to Court recordsWho may access Court records

Access to Court records 56A.04.††††††† (1) The Court's record of a family law proceeding is confidential and onlyNo person other than a party, a party's lawyer, an officer of the court or a judge may have access to it.

†††††††††††† (a)the Court record, including documents, exhibits and transcripts, respecting a family law proceeding; or

†††††††††††† (b)a support or separation agreement filed in the Court.

†††††††††††† (2)The registrar may permitPrior to granting a person authorized by a party or by a party's lawyer to access a document in the court record and may require that person to sign an undertaking to keep the information obtained from the Court record in confidence before giving them access. to the Court record, the registrar may require that person to sign an undertaking to keep the information obtained from the Court record in confidence.

†††††††††††† (3)Before granting access to Court records or agreements, Tthe registrar may require that an application be made to the Court for access to Court records.

†††††††††††† (a)the parties to the family law proceeding be given notice of the application; and

†††††††††††† (b)a hearing be held.

ConfidentialityRequirement to keep information confidential

Confidentiality††††††††††††††††† 56A.05.††††††† (1) Any person who has access to documents obtained under the financial disclosure provisions of this Part or to evidence obtained under discovery or to the Court record

†††††††††††† (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)Rule 56A.0The rule in 5(1) does not apply where

†††††††††††† (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 proceeding and the court has made no order restricting its use or access to it;

†††††††††††† (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 or their successors; or

†††††††††††† (e)the person is ordered by a court to disclose the document or evidence.

†††††††††††† (3)Notwithstanding rule 56A.05(1), tThe Court may, on application, give a person permission to disclose documents or evidence, or information obtained from them or from the Court recordinformation that would normally be confidential, if the interests of justice outweigh any harm that would result

†††††††††††† (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)Use of documents, evidence, or information obtained from them or from the Court record, in a manner contrary to this ruleA person who breaks this rule is in contempt of Court, unless an order has been obtained under rule 56A.06(3).

Commencing Starting a family law proceeding

Commencing †††††††††††††††††††† 56A.06.††††††† (1) A person may start a family law proceeding by presenting the original and one copy of an originating application with the Court that has jurisdiction to hear the matter in Form 56A.06.

†††††††††††† (2)A person asking to changeny proceeding under this part for a variation of a previous order made respecting about custody, access or support may start the proceedingshall be commenced by the issue ofpresenting the original and one copy of an originating application in Form 56A.06..

†††††††††††† (3)A person ny proceeding commenced containingmaking a claim for an unequal division of matrimonial property, entitlement to a share of business assets and/or a claim of undue hardship in a child support proceeding, shall state the material facts supporting the claimcontain particulars as to the basis for such a claim..

†††††††††††† (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 fileshall be issued by the registrar and shall bear.

†††††††††††† (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 (Canada) and send it to the central registry of divorce proceedings.

Joining 2 or more claims

56A.07.(1) An applicant may claim more than one type of relief in a family law proceeding andapplicable and rule 7.01 (Joinder of causes of action) of these Rules shall applyapplies to family law proceedings.

†††††††††††† (2)Subject to section. 8 of the Unified Family Court Act, the Court, on application, may direct that a non-family law claim which, on its own, would not be the subject-matter of a family law proceeding may be continued in a family law proceeding if the claim is related to or connected with a claimny relief sought in that proceeding.

†††††††††††† (3)Unless the Court determines otherwise, the Court may deal with allan originating application has the effect of raising all issues concerning or in any way relating to the matters for which relief isclaims made in an originating application specifically sought notwithstanding thateven if an issue is not specifically referred to in the application, and the Court may make any judgment or order that the justice of the case may require.

PartiesNaming the parties

Parties††† 56A.08.††††††††††††† (1) The party commencing starting the family law proceeding shall beis called the applicant and the opposite party shall beis called the respondent.

†††††††††††† (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 at any time may

†††††††††††† (a)order that a person who may have an interest in the matters in issue be served with notice of the family law proceedings with or without adding that person as a party; and

†††††††††††† (b)give directions respecting the manner of service onabout how to serve that person and the conduct of the family law proceeding.

VenueLocation, transfer of family law proceedings

Venue†††† 56A.09.††††††††††††† (1) Subject to the Unified Family Court Act, a A party may commence start a family law proceeding at any judicial centre, unless the Unified Family Court Act states that it must be started in the Unified Family Court.

†††††††††††† (2)The Court may direct that a family law proceeding be transferred to any judicial centre

†††††††††††† (a)with the consent of the parties;

†††††††††††† (b)by reason of the balance of convenience, including the convenience of witnessesbecause it is more convenient for witnesses or otherwise; or

†††††††††††† (c)for the purpose of beingso it may be heard with another proceeding before the Court.

†††††††††††† (3)Except by consent of the parties or leave of the Court, noAn application to transfer a family law proceeding shall not be brought made before the respondent to the proceeding has filed a response, without the consent of the parties or leave of the Court. has been served and filed.

†††††††††††† (4)Where an order directing the transfer oftransferring a family law proceeding is consented to by the parties, the registrar may

†††††††††††† (a)issue the order without referring it to a judge; or

†††††††††††† (b)refer the matter to a judge.

Service of documentsHow to serve documents

Service of documents††††† 56A.10.††††††† (1) Service of the following documents shall be carried out only in accordance with rule 6.02 (Personal Service), unless the Court orders otherwise:

†††††††††††† (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 senderís 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 personís 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 by an order, the court may make an order approving the service if the document,

†††††††††††† (a)came to the attention of the person to be served; or

†††††††††††† (b)would have come to the personís attention if the person had not been evading service.

†††††††††††† (4)Where a document service has been effected pursuant to rule 56A.10served under paragraph (2)(c)(d) or (e) and it is subsequently later established to the satisfaction of the Court that service the document was not properly effectedserved, the Court may make any order it considers necessary to correct any injustice done.

†††††††††††† (5)Service of a document may be proved by

†††††††††††† (a)a writtenn acknowledgement or admission of service in Form 56A.10D completed by, written by the person to be served in Form 56A.10D;

†††††††††††† (b)an affidavit of service in Form 56A.10A;

†††††††††††† (c)the return postcard mentioned in subrule paragraph (2)(c) in Form 56A.10C; or

†††††††††††† (d)by an affidavit of service by ordinary mail in Form 56A.10B.

†††††††††††† (6)Under this Part, service of a document outside of the Province of Newfoundland and Labradorprovince and but within Canada may be effected made without an order permitting that service.

Time for servTime for serviceing documents

56A.11.(1) An originating application shall be served within 6 months of the date it is issued by the Registrar.

†††††††††††† (a)within 6 months of the date of its issue; or

†††††††††††† (b)within any further time that the Court may allow on an ex parte application made before or after the expiration of the time for service.

†††††††††††† (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.

ResponseHow to oppose a claim and make a claim against the applicant

Response†††† 56A.12.††††††† (1) Unless provided otherwise by statute or unless ordered by the Court, Aa respondent who wishes to oppose a claim made in the an originating application shall serve and file a response in Form 56A.12A.

†††††††††††† (a)within 30 days after service of the originating application if the respondent was served in Canada; or

†††††††††††† (b)within 60 days after service of the originating application if the respondent was served outside Canada.

†††††††††††† (2)Notwithstanding rule 56A.13(1)Even if the time for responding expires, a response may be served and filed at any time beforeas long as a default order is has not been made in a family law proceeding.

†††††††††††† (3)A respondent who claims any relief against the applicant shall make that claim in the response.

†††††††††††† (4)Any response respondent made who claiming a right toclaims an unequal division of matrimonial property, a claim for entitlement to a share of business assets and/or a claim ofor undue hardship in a child support proceeding, shall state the material facts supporting the claimcontain particulars as to the basis for such a claim is made.

Counterclaim

Counterclaim††††††††††††††††††† 56A.13.††††††† (1) A respondent who claims any relief against the applicant, other than dismissal of the proceeding, with or without costs, shall claim that relief by serving and filing a counterclaim.

††††††††††††††††††††† (2)†††††††††††††††† A response and a counterclaim shall be in one document in Form 56A.13A entitled response and counterclaim.

††††††††††††††††††††† (3)†††††††††††††††† A respondent may commence a counterclaim by serving a response and counterclaim on the applicant and filing it with the Court within the time prescribed for service of a response.

††††††††††††††††††††† (4)†††††††††††††††† Except as modified in this rule, the rules of this Part relating to an originating application apply to a counterclaim.

Demand for noticeHow to respond without opposing

Demand for notice††††††††††† 56A.134.††††† (1) A respondent who does not oppose the claims made in the originating application may continue to be advised of the progress of the application by servinge and filinge a demand for notice in Form 56A.13A.

†††††††††††† (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.

ReplyHow to reply to a response

Reply 56A.14.††††††††††††††††††† Where the applicant wishes to oppose an allegations or a claim made in the response require further pleading, the applicant shall serve and file a further reply in Form 56A.14A within 10 days of service of the response.

Noting of defaultConsequences of not responding

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 of in relation to that respondent.

†††††††††††† (2)After notice of default has been issued, the respondent is not permitted toshall not serve and file a response without

†††††††††††† (a)the consent of the applicant; or

†††††††††††† (b)leave of the Court,

and the court may proceed to dispose of the matter as it deems fit and justdecide the matter without hearing from the respondent.

Interim and procedural applicationsHow to claim interim relief or get the Court's direction

56A.16.(1) For the purposes of this Part, eEither party to a family law proceeding may make an application claiming interim relief or for purelyto get the Court's direction on procedural matters by filing. Such application shall be in Form 56A.16A and be accompanied bywith an affidavit supporting the application.

†††††††††††† (2)An applicant shall serve the application on the other parties to the family law proceedingFor an application made under rule 56A.17(1) there shall be at least 5 days between the service of the application andbefore the date set for hearing the application, unless the parties consent to an earlier date.

†††††††††††† (3)If all parties consent to an earlier date for hearing the application, the application may be heard on the earlier date.

†††††††††† (34)†† Before serving an application, the applicant may apply to the Court (without having to serve the other parties) An ex parte application for leave permission to abridge shorten the time for service ofice an application under this Part and if the Court makes the order, the applicant shall serve a copy of the order on the other parties with the applicationshall be brought before service of the application, and any order that is obtained shall be served with the application.

†††††††††† (45)A party who wishes wants to oppose a claim made in an application under rule 56A.17(1)this rule may do so by filing one or more affidavits that set out why the applicant should not be successful. shall serve aA copy of theeach affidavits filed shall be served on which that party intends to rely at the hearing on every other party to the application at least 2 days prior tobefore the hearing of the application.

†††††††††† (56)An applicant may file and serve at least one day before the hearing one additional affidavit responding to new matters in the respondent's affidavits and no additional affidavits may be relied on without leave the permission of the Court.

†††††††††† (67)The Court may disregard an affidavit that is not filed and served in time and may awardAn affidavit filed in contravention of this rule may be struck and costs awarded against the party filing it.

†††††††††† (78)The Court shall make a decision on an application made An application brought under this rule shall be heard and determined onafter reviewing the affidavits filed and hearing the arguments of the parties unlessaffidavit and documentary evidence only, but where there is or maybe a dispute as to the facts on the hearing of the application, a judge may, before or on at the hearing

†††††††††††† (a)gives permission leave to one or more parties to cross-examine the people that signed affidavitson affidavit evidence;

†††††††††††† (b)orders that the application be heard on oral evidencethe parties may have witnesses give oral evidence, either alone or with any other form of evidence; and

†††††††††††† (c)gives other directions relating to pre-hearing procedure and the conduct of the proceedingapplication.

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.

Affidavit evidenceWhat may go in an affidavit

Affidavit evidence††††††††††† 56A.20.††††††† (1) Any affidavit filed under this Part shall be confined to the statement of facts within the personal knowledge of theA person signing the an affidavit shall only set out facts of which he or she has personal knowledge, except where this rule provides otherwise.

(2) An affidavit shall not contain argument or speculation or any matter that is scandalous, irrelevant or is otherwise oppressive.

 

†††††††††† (23)An affidavit may, in special circumstances, contain information that the person learned from someone else if

†††††††††††† (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.

†††††††††† (34)Where an affidavit does not comply with this rule, the Court may

†††††††††††† (a)strike outdisregard all or part of that affidavit; and

†††††††††††† (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 motion

†††††††††††† (a)strike outdisregard all or part of that affidavit; and

†††††††††††† (b)award costs against the party filing the affidavit or that party's solicitor lawyer to be paid as between solicitor lawyer and client.

†††††††††††† (6)Where an affidavit or part of an affidavit has been struck disregarded under this rule, an opposing party who has filed an affidavit in response to the offending material may be awarded costs of filing that affidavit to be paid as between solicitor lawyer and client.

Setting down for trial, pre-trial conference requiredHow case management works

Setting down for trial, pre-trial conference required††††††††††††††††††††† 56A.21.††††††† (1) Upon the filing ofAfter a family law proceeding is started, except a protective intervention proceedingsapplication or an interim or interlocutory application, the registrar shall schedule a case management meeting to be heard before a judge.The party filing starting the family law proceeding shall ensure that any other party to the proceedingthe other parties are is served prior to the scheduled case management meeting.

†††††††††††† (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 discloseddisclosure of the relevant evidence;

†††††††††††† (e)note admissions thatthat it may be possible to simplify the case if the parties admitted certain facts;

††††††††††††† (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)give directions with respect to the appropriateness ofdiscuss whether a settlement conference is appropriate.

†††††††††††† (3)At a case management meeting the judge may, if it is appropriate to do so,

†††††††††††† (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 pursuant to rule 56A.19(3)(d), the mediator or other person shall:

†††††††††††† (a)attempt to meet with the parties and, if they agree, attempt a resolution of their dispute; and

†††††††††††† (b)meet with such other persons including lawyers that he or she thinks may be helpful in resolvingas the mediator or other person deems necessary in an attempt to mediate the dispute.

†††††††††††† (5)Upon the conclusion of the alternate dispute resolution process, tThe mediator or other person shall notify the parties, or their lawyers, in writing of the terms of any settlement that has been tentatively reached and shall advise the court that the alternate dispute resolution process has concluded.

†††††††††††† (6)Where, pursuant to rule 56A.19(3)(g) the court orders that a home assessment be conducted, the assessor shall prepare and deliver to the court, a report which shall includeincludes, unless the Court orders otherwise:

†††††††††††† (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 particular other matter referred by a judge.

What evidence the Court may consider

56A.22.(1) The Court may try decide an issue on oral or affidavit evidence or otherwise asin a manner that the judge conducting the trial may directthinks appropriate.

†††††††††††† (2)The Court may admit accept a document purporting to bethat appears to be proof of marriage in a foreign jurisdiction as prima facie proof of the marriage unless the contrary is proved.

†††††††††††† (3)If it is relevant to a proceeding that a party has committed adultery that party shall notNo party to a family law proceeding shall refuse to answer a question tending to show thatabout whether he or she has committed adultery where the adultery has been pleaded and is relevant to the proceeding.

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 uUncontested family law proceeding

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 otherwise.

†††††††††††† (3)The Court may order that the evidence and information in an uncontested family law proceeding be presented orally at a hearing.

†††††††††††† (3)Where the uncontested family law proceeding includes a claim for divorce, the applicant shall file the information required under rule 56A.44.

†††††††††† (44)In an uncontested family law proceeding wIf the judge does not order the presentation of oral evidence,here the evidence and information are to be presented by affidavit, the judge may

†††††††††††† (a)grant a judgment without an appearance by any party or the lawyer for any partyanyone appearing; or

†††††††††††† (b)direct that any party or the lawyer for any party appear or that oral evidence be presented at a hearing.

†††††††††† (55)If an applicant wishes the court to make a decision on anWhere an applicant applies for judgment in an uncontested family law proceeding, the applicant shall file and the registrar shall place before the Court

†††††††††††† (a)an application for judgment in Form 56A.24B requesting that the proceeding be determined decided on the basis of affidavit evidence;

†††††††††††† (b)evidence to satisfy the Court that the respondent actually received a copy of the originating application or evidence that the originating application was served in accordance with an order of the Courtwas served with the originating application in accordance with the rules for service;

†††††††††††† (c)an affidavit of signed by the applicant in Form 56A.24C setting forth

††††††††††††††††††††† (i)particulars of the groundsstating detailed reasons on why the applicant is entitled to make the claimich the claim is based, and evidence to support the claim,

†††††††††††††††††††† (ii)confirmation stating that all the facts and information contained in the originating application continue to remainare still true and accurate, with corrections or subsequent changes noted, and

††††††††††††††††††† (iii)where costs are claimed, particulars ofa detailed breakdown of the amount claimed and the reason why they are claimedand basis for the claim; and

†††††††††††† (d)any other affidavits or supporting materials that may be required in the family law proceeding.

†††††††††† (56)Where a claim is made for a specific monthly amount of support, either periodic or a lump sum, other than in a child support proceeding, and the respondent does not file a response or otherwise does not contest the amount claimed, he or she may be deemed by the court to havethe court may treat the respondent as if he or she accepts accepted the appropriateness of the quantum amount claimed.

†††††††††† (67)The Court may order a party to pay the Ccosts of an application for judgment in an uncontested family law proceeding may be ordered by the Courtto another party.

†††††††††††† (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.(2)†††††††††††††††† Where relief is granted on a claim made under a Newfoundland and Labrador statute, that statute shall be referred to in the judgment.

†††††††††† (33)An application for a judgment or order to be made by consent shall be accompanied by

†††††††††††† (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.

CostsWhether a party is entitled to recover costs

Costs 56A.26.††††††††††††††††††† (1) The Court has the right to decide whether a party will have to pay the costs of another party andCosts are in the discretion of the Court, and except as modified by this rule, the provisions of Rule 55 (Costs) and other rules respecting costs applyy to the costs of to a family law proceeding unless they are inconsistent with this rule.

†††††††††††† (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 examineconsider

†††††††††††† (a)the party's behaviour in relation to the nature, importance and urgency of the issues from the time they arose;

†††††††††††† (b)any conduct of the party which tended to lengthen unnecessarily the duration ofunnecessarily delayed the family law proceeding;

†††††††††††† (c)whether any step taken by the party in the family law proceeding was improper, vexatious or vexatious or unnecessary;

†††††††††††† (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 III
Disclosure

Certain forms prescribedWhat forms to use

Certain forms prescribe††† 56A.27.††††††† For the purposes of this Part

†††††††††††† (a)a child support information sheet shall be in Form 56A.58A;

†††††††††† (ba)a financial statement shall be in Form 56A.27A;

†††††††††† (cb)a property statement shall be in Part 6 of Form 56A.27A; and

†††††††††† (dc)a notice to file income information shall be in Form 56A.27B.

When statements requiredChild support

When statements required††††††††††††††††††† 56A.28.††††††† (1) If a party is claiming child support or a variation of child support in the basic table amount set by the guidelines

†††††††††††† (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; anda claim for support other than for child support claimed for the basic table amount pursuant to the Federal or Provincial Child Support Guidelines, the applicant shall file and serve a financial statement;

†††††††††††† (b)a property claim, the applicant shall file and serve a property statementthe party responding to the claim is not required to file and serve a financial statement, unless he or she is claiming that the basic table amount would cause undue hardship, but is required to file and serve a child support information sheet..

†††††††††††† (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 Canada; and

†††††††††††† (b)60 days after service of the application claiming support if the respondent was served outside Canada.

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.

56A.28.(1) 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.

†††††††††††† (2)Notwithstanding rule 56A.28(1), the Court may

†††††††††††† (a)order that the parties file and serve financial statements within a time specified by the Court; and

†††††††††††† (b)give directions for further financial disclosure that may be appropriate.

When parties apply together under the Divorce Act (Canada)

Joint originating application or application††††††††††††† 56A.33.††††††† Parties to an originating application or application brought jointly by the spouses or former spousesSpouses or former spouses who apply together for relief under the Divorce Act (Canada) shall file the following documents with the originating application or application as if the family law proceeding was not brought jointly:

†††††††††††† (a)a financial statement of each applicant or co-applicant, together with the income information required by the Federal and Provincial Child Support Guidelinesguidelines;

†††††††††††† (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.

Documents that require filing of statementsRejection of application

Documents that require filing of statements†††††††††††† 56A.34.††††††† Unless ordered otherwise, the registrar shall not accept any originating application or application for filing without a financial statement or property statement where these rules require the document to be filed with a financial statement or property statement.

Notice to discloseHow to require the filing of forms

Notice to disclose†††††††††††† 56A.35.††††††† (1) In a family law proceeding where financial statements or property statements are required under this Part, a party may once without leave, and at any other time with leave of the Court, file and serve a notice to disclose in Form 56A.35A.

†††††††††††† (2)On beingA party who is served with a notice to disclose under rule 56A.31(1), the opposite party shall serve and file the information requested within 15 days after service of that notice.

†††††††††††† (3)Where the opposite party served with notice objects to disclosing any of the information requested in a notice to disclose, that party shall

†††††††††††† (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 set out in rule 56A.31(2).

†††††††††††† (4)Rule 32 (Discovery and Inspection of Documents) of these Rules, except rule 32.07(2) as modified by rule 56A.40, does not apply to a family law proceeding unless the court otherwise orders.

Notice to reply to written questionsHow to require disclosure of other information

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 questionsthe 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, together with the affidavit answering those questions which that party does not object to answering, within 15 days after service of the noticethe time for service set out in rule 56A.32(2).

†††††††††††† (4)The court may make an order for costs where the questions are excessively long,prolix, irrelevant, oppressive or designed to unnecessarily delay or abuse the process of the proceeding.

†††††††††††† (5)Rule 31 (Interrogatories) of these rules does not apply to a family law proceeding unless the court otherwise orders.

Application for directionsHow to resolve disputes about disclosure

Application for directions†††††††††††††††††††† 56A.37.††††††† (1) Where the response to a notice to disclose or a notice to reply to written questions is not satisfactory, the party seeking asking for disclosure may apply to the Court for an order directing further or better disclosurerequiring the other party to give more or better information.

†††††††††††† (2)Where an objection has been made under rules 56A.35 and or 56A.36, either party may apply to the Court to decide the validity of that objection.

Order where failure to discloseConsequences of non-disclosure

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, drawing an adverse inference against that partyconcluding that the party has no answer to the claims against him or her and imputing income to the party in the amount that the Court considers appropriate;

†††††††††††† (b)directing payment ofthat the party pay support in the amount that the Court considers appropriate;

†††††††††††† (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)awarding costsordering the party to pay the other party's costs, including costs up to an amount that fully compensates the other party for all costs incurred in the proceedings.

Correcting and updatingRequirement to keep information current

Correcting and updating 56A.39.††††††† (1) If, during the course of a family law proceeding, a party discovers that information in the party's financial statement or property statement or in a response the party gave to a notice to file income information, a notice to disclose or a notice to reply to written questionsthat has been disclosed to another party was incorrect or incomplete when made, or that there has been a material change in the information provided that is relevant to the matters in dispute, the party shall immediately file and serve on every other party to the claim

†††††††††††† (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 mentioned in rule 56A.35(2) shall be filed

†††††††††††† (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.

Disclosure by non-partiesWhen non-parties have to disclose

56A.40.(1) Except as provided in situations described in rule 56A.36(2)below, rRule 32.07(Order for production of documents) applies to a family law proceeding.

†††††††††††† (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 rule 56A.36(a) or (b) has a legal duty to support.

†††††††††††† (3)For the purposes of rule 56A.36(2), tThe income tax information attached to the financial statement shall be for the three most recent taxation years.

†††††††††††† (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 rule 56A.36(4) shall satisfy the Court that

†††††††††††† (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 rule 56A.36(2) or (4) shall, within 30 days after service

†††††††††††† (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 rule 56A.36(2) or (4) shall contain a notice to the person ordered to provide the information, in the following form:

"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)The costs of providing the information requested and the costs of an application under this rule are in the discretion of the Court, and tThe Court may order that the costs of providing the information requested and the costs of the parties in an application under this rule be paid in favour of or againstto or by

†††††††††††† (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 made under this Partrequiring disclosure, the Court may

†††††††††††† (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
Proceedings under the Divorce Act (
Canada)

Written notification from central registry requiredHow to apply for a divorce

Written notification from central registry required56A.42.††††††† (1) Either spouse may start aA divorce proceeding may be started by,

†††††††††††† (a)either spouse filing an originating application naming the other spouse as a respondent; or

†††††††††††† (b)both spousesby filing a joint originating application under rule 56A.45 with no named respondent.

†††††††††††† (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 at the time of filing of with the originating application.

†††††††††††† (5)A person may apply to the court without giving notice to the other party for permission to file Notwithstanding rule 56A.38(4) where relief is urgently required, on ex parte application the Court may permit an originating application to be issued without filing a certificate of the marriage or of registration of the marriage if the applicant files an undertaking to file that certificate within a time specified by the Court.

†††††††††††† (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 ex partewithout giving notice to the other party for an order dispensing with production of thatthe need to file one of these documents certificate.

†††††††††††† (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 pursuant toby filing written evidence under rule 56A.44.

Uncontested family law proceeding - divorceWhere the other party is not objecting

Uncontested family law proceeding - divorce††††††††† 56A.44.††††††† (1) Where an applicant applies for a divorce judgment in an uncontested divorce proceedingin an uncontested family law proceeding, in addition to the material required to be filed under rule 56A.24(5), the applicant shall also file

†††††††††††† (a)anThe affidavit of applicantcompleted by the applicant in Form 56A.24C, which shall set forth, in addition to the contents required under rule 56A.24(5)(c)

††††††††††††††††††††† (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 (Canada),

†††††††††††††††††††† (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 at the commencement of the proceedingwhen the proceeding was started,

†††††††††††††††††† (vii)where a divorce is sought on the basis of adultery or cruelty, evidence that there has been no condonation or connivance on the part of the applicant with respect to the act or conduct complained of applicant has not condoned or connived at the act or conduct complained of,

††††††††††††††††† (viii)where a divorce is sought on the basis of cruelty, evidence that the conduct of the respondent spouse has renderedmakes continued cohabitation intolerable,

††††††††††††††††††† (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 petitionapplication, or any other address that may satisfy the Court that a copy of the judgment will reach the respondent, unless ordered otherwise, and

†††††††††††††††††††† (ii)2 of which are addressed to the applicant at the address for service provided by the applicant.

†††††††††††† (2)Notwithstanding Rule 56A.40(1), tThe court may require oral evidence before the granting of an order for divorce.

†††††††††††† (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) of this rule; and

†††††††††††† (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.

Joint divorce proceedingApplying jointly for divorce

Joint divorce proceeding 56A.45.††††††† (1) A divorce proceeding may be commenced jointly by the spousesstarted by 2 spouses together where the facts establishing the breakdown of the marriage and the relief claimed are not in dispute.

†††††††††††† (2)Where a divorce proceeding has been commenced jointlystarted by both spouses, the spouses areshall be called co-applicants, and the originating application for divorce

†††††††††††† (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 subrule shall include the information required in rule 56A.33 (When parties apply together under the Divorce Act (Canada)).

†††††††††††† (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 n answer or answer and counterclaimresponse at the time of filing and serving the notice of withdrawal of pleading.

†††††††††††† (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)Where the Court makes an order granting child support, aA separate formal order embodying thefor child support shall be issued by the Court where support is granted.

†††††††††††† (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)Unless ordered otherwise, iIn uncontested divorce proceedings, the registrar shall immediately forward to each of the parties, by ordinary mail

†††††††††††† (a)a copy of the judgment granting a divorce; and

†††††††††††† (b)a copy of the any child support order, if any.

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 no appeal, or application to extend time to appeal, has been instituted within that time or, if instituted, that it has been abandoned or dismissedan appeal is not in process; or

†††††††††††† (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 on after the divorce judgment takesing effect.

†††††††††††† (4)Where a certified copy of the certificate of divorce is requested, the registrar shall provide a copy under the seal of the Court.

Registration of orderHow to register orders made in another judicial centre under the Divorce Act (Canada)

56A.48.Where aA support order, custody or access order, variation order or interim support or custody order has been made under the Divorce Act (Canada) may be registered , the registration of that order under subsection 20(3) of that Act shall be effected by filing a certified copy of the order in the office of the Court, at any judicial centre, with a written request that it be registered.

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 commenced started shall complete the forms required by the Central Registry of Divorce Proceedings Regulations under the Divorce Act (Canada) and forward them to the Central Registry of Divorce Proceedings at Ottawa as required by those regulations.

Corollary relief proceeding

56A.51.(1) A person who is divorcedformer spouse who wishes to commence start a corollary relief proceeding shall do so by an filing an application in Form 56A.06.

†††††††††††† (2)Where both former spouses jointly commencestart a corollary relief proceeding together

†††††††††††† (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
Variation of Orders

Affidavit supporting an application for variation

56A.52.An affidavit in support ofsupporting an application for variation shall set out

†††††††††††† (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)where if a party has married or begun living with another person;

†††††††††††† (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 III;

†††††††††††† (g)details of the variation asked for and of the changed circumstances that are grounds forjustify a variation of the order or agreement; and

†††††††††††† (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 the assignmentthat arrangement known to the party asking for the variation.

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 sought to be variedto be varied was granted in a divorce proceeding by a court outside Newfoundland and Labrador, a copy of the original pleadings.

†††††††††††† (2)A copy of any existing agreement that deals with custody, access or support shall be exhibited attached to the affidavit in support of an application for variation.

†††††††††††† (3)For the purposes of this rule, a document that has previously been filed with the Court need not be filed or exhibited attached to the affidavit in support of the application if the affidavit identifies the document, states that document is in the Court file, and states the date the order was made or the document was filed.

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 (Canada), with any necessary modification.

Registrar to forward order - Divorce Act (Canada)

56A.55.Where the Court varies, other than provisionally, a corollary relief order made under the Divorce Act (Canada) by a Court outside Newfoundland and Labradorthe province, the registrar shall forward a certified copy of the variation order to

†††††††††††† (a)the court that made the original order; and

†††††††††††† (b)any other court that has varied the original order.

Division VI
Children - Custody, Access and Support

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 purposesmay be examined for discovery touching on matters of custody of or access to a child only bywithout permission from leave of the Court.

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 the document asserting the claimthe application or response.

†††††††††††† (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 (Canada).

†††††††††††† (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 document asserting the claimapplication or response:

†††††††††††† (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.

†††††††††† (69)If the party opposing the claim asserts a claim listed in rule 56A.55paragraph (58)(b), (c) or (d), that party shall give written notice of the claim by serving and filing the written notice in accordance with the time limits prescribed in this rule for serving and filing a response to the claim.

†††††††† (710)An order for child support or variation of child support shall include the following information:

†††††††††††† (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 VII
Certain Uncontested Family Law Proceedings

Judicial separation or nullity of marriageApplying to nullify a marriage

Judicial separation or nullity of††††††††††† 56A.59.††††††† Where an applicant applies for judgment in an uncontested family law proceeding for judicial separation or nullityto nullify a of marriage, in addition to the contents required under rule 56A.24(5)(c), the affidavit of applicant in Form 56A.24C shall also set forth

†††††††††††† (a)if no certificate of the marriage or of registration of the marriage has been filed, sufficient particulars toother information that proves the marriage; and

†††††††††††† (b)evidence that there has been no collusion or connivance between the parties.re 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 rRule 56A.24(5), the aApplicant shall also file the affidavit of applicant in Form 56A.24C, which shall include, in addition to the contents required under rRule 56A.24(5)(c)

†††††††††††† (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 exhibitedattached.

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 under the
Support Orders Enforcement Act

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 VIII
Enforcement under the Support Orders
Enforcement Act

Enforcement of judgments and orders

Enforcement of judgments and orders††††† 56A.58.†††††††† A judgment or order for support or maintenance granted in a family law proceeding may be enforced in accordance with the provisions of the Support Orders Enforcement Act.

Division IX
Reciprocal Support Orders

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 (Canada);

†††††††††††† (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 (Canada), a provisional order for variation made under section 18 of the Divorce Act (Canada).

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 (Canada).

Registration of final orders

56A.65.(1) On receipt of a certified copy of an interim or final order made by a court outside Newfoundland and Labrador the registrar shall enter particulars of the order in the usual manner and endorse on it the following certificate:

"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 Newfoundland and Labrador

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 (Canada), a copy of the enactments under which the alleged maintenance obligation arises.

†††††††††††† (6)Where a court outside Newfoundland and Labrador remits any matter back to the Court for further evidence

†††††††††††† (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 Newfoundland and Labrador that remitted the matter back

†††††††††††† (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 Newfoundland and Labrador under the Act is denied by a court in a reciprocating state, on application made by the applicant within 6 months from the denial of the confirmation, the Court may reopen the matter and receive further evidence.

Confirmation of provisional order made outside Newfoundland and Labrador

56A.67.(1) On receipt of a provisional order for confirmation in Newfoundland and Labrador, the registrar or the minister shall serve on the person against whom the order has been made

†††††††††††† (a)a notice of confirmation hearing in Form 56A.67A;

†††††††††††† (b)a copy of the documents received from the court outside Newfoundland and Labrador that made the provisional order; and

†††††††††††† (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 Newfoundland and Labrador.

†††††††††††† (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
Other Matters

Investigation and report to judge

56A.68.(1) The Court may, dDuring a proceeding, the Court may direct a person to make an investigation and report relating to the proceeding in which support of a spouse or child or custody of or access to a child is in issue and may receive evidence resulting from the investigation.

†††††††††††† (2)All reports directed to be made by the judge under this rule and all depositions and written admissions of evidence upon which an order of the Court is founded shall be filed in the registry.

†††††††††††† (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 shall beis a competent and compellable witness.

†††††††††††† (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 of in every proceeding that is consistent with a just determination of the proceeding.

Non compliance with rules

56A.70.Non-compliance with these rules shall not render a proceeding void unless the Court shall so directs, but that proceeding may be set aside either wholly or in part as irregular, or amended, or the Court may otherwise grant relief it considers necessary upon the terms and conditions it considers proper for the purpose of securing the just determination of the proceedings.

Direction from judge

56A.71.A judge may give directions with respect to a matter not provided for that may be necessary for the expeditious handling of a matter before or to be brought before the court or where strict adherence to a rule would cause manifest injustice.


Form 56A.06A

(rule 56A.06)

In the Supreme Court of Newfoundland and Labrador
Trial Division/Unified Family Court

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:

Divorce

Spousal Support

Costs

Child Support

Parental Support

Other (specify)

Custody

Division of Matrimonial Property

Access

Claim for Property made by common law spouses

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

that this application be dealt with by the Court without a hearing as permitted by the rules

or

that the Court hold a hearing to deal with this application


Where claim includes divorce

††††††† 2. My/Our grounds for seeking a divorce are a permanent breakdown of the marriage which has been established by:

(a)

we have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding;

or

(b)

the Respondent has, since celebration of the marriage,

 

committed adultery,

or

 

treated me with physical and/or mental cruelty of such a kind as to render our continued cohabitation intolerable;

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 Province of Newfoundland and Labrador for at least one year immediately preceding the date of this petition.

††††††† 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:

Single

Divorced

Widowed

My spouse was:

Single

Divorced

Widowed


To be completed for all claims other than divorce (see affidavit)

††††††† 7. (a) That the parties were married on _______________, and separated _______________; and

an originating application for divorce has been commenced in the Supreme Court at _______________ but has not yet been heard; or

an originating application for divorce has not been commenced.

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):

 

 

Applicant

Respondent

Surname

 

 

Place of Birth

 

 

Date of Birth

 

 

Present Address

 

 

Phone Number

 

 


††††††† 8. (a) Children:

Childís Full Name

Place and Date Of Birth

Resides With

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

†††††††††††† (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:

I am claiming the basic table amount as per the Federal Child Support Guidelines.

I am claiming the basic table amount plus an amount for special expenses.

I am not claiming the basic table amount but I am claiming an amount for special expenses.

I am claiming an amount for child support which is different from the basic table amount in the Federal Child Support Guidelines because:

 

(a)

Of a claim for undue hardship.

 

(b)

The child(ren) is/are at or over the age of majority.

 

(c)

I exercise a right of access to, or have physical custody ofthe child(ren) for not less than 40% of the time over the course of the year.

 

(d)

We have agreed to an amount of support.

 

(e)

Of special provisions as per subsection 15.1(5) of the Divorce Act (Canada).

 

(f)

Income is in excess of $150,000 annually.

††††† 11. Spousal Support:

I am claiming spousal support.I am attaching a financial statement.

I am not claiming spousal support.

††††† 12. Financial Information:(If support is an issue)

†††††††††††† (a)My employerís 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 spouseís employer is:

________________________________________________
________________________________________________
________________________________________________

†††††††††††† (e)My spouseís gross income:(if known)

monthly $________yearly $________

 

††††††††††††† (f)The total income declared on my spouseís last income tax return in _____ was:(if known) $__________.

††††† 13. I am claiming

Exclusive possession of the matrimonial home

Division of matrimonial property

 

Equal (skip paragraph 14)

or

 

Unequal (complete paragraph 14 below)

Property of my common law spouse (complete paragraph 14 below)

††††† 14. The basis for my claim for

an unequal division of matrimonial property

or

property of my common law spouse,

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 Province of Newfoundland and Labrador this ______________ day of ______________, _____

 

Commissioner of Oaths/ Justice of the Peace

 

Signature

 

 

 

 

 

 

 

 

Address of Applicant

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 (Canada).

DATED at ____________________, this ______________ day of ______________, _____.

 

 

Signature of Solicitor

 

 

 

 

 

 

 

 

Address of Solicitor


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]:

1.

Child care expenses incurred as a result of the custodial parentís employment or training for employment, illness, disability, education:

 

Monthly $__________

Yearly $__________

2.

A portion of medical and dental insurance premiums:

 

Monthly $__________

Yearly $__________

3.

Health related expenses that exceed insurance reimbursement by at least $100 annually per illness or event, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses:

 

Monthly $__________

Yearly $__________

4.

Extraordinary expenses for primary or secondary school education or foreducational programs that meet the childís particular needs:

 

Monthly $__________

Yearly $__________

5.

Post-secondary education expenses:

 

Monthly $__________

Yearly $__________

6.

Extraordinary expenses for extracurricular activities:

 

Monthly $__________

Yearly $__________

The amount claimed is $__________, taking into account subsidies, benefits or income tax deductions or credits relating to the expense.

Claim Based on Undue Hardship

Under the Federal Child Support Guidelines, a claim is made for an amount of support different from that which would be awarded under the provincial payment schedules contained in Schedule I of the Federal Child Support Guidelines based upon undue hardship.

 

1.

I have responsibility for an unusually high level of debts reasonably incurred to support my spouse/child(ren) before the separation or to earn a living.

 

Amount $__________

 

2.

I have unusually high expenses in relation to the exercise of my access rights.

 

Amount $__________

 

3.

I have a legal duty under a judgment, order or written separation agreement for support.

 

Amount $__________

 

4.

I have a legal duty to support a child, other than a child of the marriage who is

 

 

under the age of majority; or

 

 

the age of majority or over but unable by reason of illness, disability or other cause to obtain the necessities of life.

 

Amount $__________

 

5.

I have a legal duty to support ____________________ [identify individual] who is unable to obtain the necessities of life due to an illness or disability.

 

Amount $__________

 


In the Supreme Court of Newfoundland and Labrador
Trial Division/Unified Family Court

Court No. _________________________

Court File No. _____________________

BETWEEN: _________________________ APPLICANT

and

††††††††††††††††††††† _________________________ RESPONDENT

Notice to Respondent

An Originating Application has been made for an order against you.The details are set out in the attached Originating Application.

If you dispute any of the claims or if you wish to make a claim yourself, you must file a Reply at the Court within the following times:

If served anywhere in Canada, within 30 days from the date of service.

If served outside of Canada, within 60 days from the date ofservice.

If you do not file a Response, the Court may proceed without giving you further notice.

You must file a financial statement (on the form provided by or available at the Court)

If there is a claim for child support, you must also file with the Court and serve on the Respondent each of the following within the time set out above:

 

††††††††††††††† -written statement from your employer confirming your year to date earnings, includingovertime, and rate of annual pay

††††††††††††††† -copies of your tax return for the last 3 years

††††††††††††††† -copies of the Notices of Assessment or Re-assessment issued by Revenue Canada with respect to each of the last 3 years tax returns.You may contact Revenue Canada at 1-800-959-8281.

If you have income from self-employment, a partnership, or a corporation in which you have a controlling interest, or if you are a beneficiary of a trust, you must also comply with subsection 11(1) of the Federal Child Support Guidelines.For more information relating to child support, consult the Federal Child Support Guidelines.

The financial information outlined above must be provided as well if there is a claim for Special Expenses or Undue Hardship.

If you do not file the required financial information, an order may be made and enforced against you.

 

DATED this ______________ day of ______________, _____.

 

 

 

Deputy Registrar/
Clerk of the Supreme Court
of Newfoundland and
Labrador
Trial Division/Unified Family Court


Form 56A.10A

(rule 56A.10)

Affidavit Of Personal Service

I, ________________, of the _______________ of _______________, in the __________________ of __________________, make Oath and Say/Affirm as follows:

††††††† 1. On the _______________ day of ____________, 2___, I personally served the respondent, _____________________, with a true copy of the (name of document) _________________, an original being part of the court file, by leaving a true copy with him (or her) at ________________.

††††††† 2. My means of knowledge as to the identity of the respondent are as follows:

†††††††††††† (a)

†††††††††††† (b)

††††††† 3. The postal address of the respondent is ____________________
_________________________________________________________

††††††† 4. The basis of my information and belief as to the postal address of the respondent is: ________________________________________
_________________________________________________________

††††††† 5. To effect service I necessarily travelled __________ kilometres.

SWORN/AFFIRMED, etc.


Form 56A.10B

(rule 56A.10)

Affidavit Of Service By Ordinary Mail

I, ________________, of the _______________ of _______________, in the __________________ of __________________, make Oath and Say/Affirm as follows:

††††††† 1. I served the respondent, ___________________, with a true copy of the (name of document) ______________ which is attached as exhibit "___" (or an original being part of the court file), by enclosing it in an envelope addressed as follows:____________________ and by posting it by ordinary mail, postage prepaid, at the post office at _____________, on the __________ day of _______________, 2____.

†††††††† 2. (a)The postal address used is the address for service provided by the respondent on the most recent document filed in court by the respondent and the envelope has not been returned to me.

or

†††††††††††† (b)The basis of my information and belief as to the postal address of the respondent is:

and/or

†††††††† 3. (a)Also enclosed in the envelope together with the true copy of the ______________ was a prepaid return postcard in Form 56A.10C

or

†††††††††††† (b)The postcard, in which receipt of the document(s) is acknowledged, was returned to me and is attached to this affidavit as exhibit "___".

SWORN/AFFIRMED, etc.


Form 56A.10C

(rule 56A.10)

In the Supreme Court of Newfoundland and Labrador
Unified Family Court

Judicial Centre of __________

Acknowledgement Of Service Postcard

You are asked to fill out and sign this card and to mail it immediately.If you do not return this card, the document(s) listed below may be personally served on you and you may be ordered to pay the costs of service.

My name is:(full legal name) ________________________________

I may be served at:(address where court documents may be mailed to you) _____________________________________________________
_________________________________________________________
_________________________________________________________

I acknowledge receiving a copy of the following document(s):

Notice of motion dated _______________________

Affidavit of (name) _______________________

dated ___________________

Financial statement dated _______________________

Notice to File Income Information dated _____________

Notice to Disclose dated _______________________

Notice to Answer Written Questions dated __________

Answer dated ____________

(Other.Give title and date of document.) ___________________

 

Signature

 

Date of signature

Notice: The address that you give above will be used in future to serve documents by mail until you inform the other parties and the court office of a new address for service.

Form 56A.10D

(rule 56A.10)

Acknowledgement of Service

The person who serves this notice shall request at the time of service that the Respondent / Applicant complete and sign in the serverís presence the following Acknowledgement of Service and the server shall sign as a witness to any signature thereto.

I am _________________________, the Respondent/Applicant named in the Originating Application/Application/Response.I have this__________ day of _______________, _____, at _________________, in the Province of ________________, received a copy of the within Originating Application/Application/Response.My mailing address for further service of documents is:____________________________
_________________________________________________________
_________________________________________________________.

 

Witness

 

Signature of Respondent / Applicant


Form 56A.12A

(rule 56A.12)

In the Supreme Court of Newfoundland and Labrador
Trial Division/Unified Family Court

Court No. _________________________

Court File No. _____________________

Central Divorce Registry No. _____________________ (if applicable)

BETWEEN: _________________________ APPLICANT

and

††††††††††††††††††††† _________________________ RESPONDENT

Response

1.

I do not contest any of the claims for relief.

or

2.

(a)

I agree to the following claims for relief:

_________________________________________
_________________________________________
_____________________________________; and

 

 

(b)

I contest the following claims for relief:

_________________________________________
_________________________________________
_________________________________________.

3.

I seek an order for the following relief:

______________________________________________
______________________________________________
______________________________________________

4.

I dispute the following allegations in the Originating Application/Application:

______________________________________________
______________________________________________
______________________________________________

DATED this ______________ day of ______________, _____.

 

 

 

Signature of Respondent


Form 56A.13A

(rule 56A.13)

Demand for Notice

TO: ††††††††††† The applicant (name) ________________________

I, ______________________, demand that notice of all further pleadings and proceedings be served on me.

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

 

 

Respondent or Respondent's lawyer

This document was delivered (etc.)


Form 56A.14A

(rule 56A.14)

Reply

††††††† 1. I admit the particulars contained in paragraphs ___ of the Response.

††††††† 2. I deny the particulars contained in paragraphs ___ of the Response.

††††††† 3. (Set out in separate, consecutively numbered paragraphs a statement of the material facts relied on by way of reply to the answer.)

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

 

 

Applicant or Applicantís lawyer

This document was delivered (etc.)


Form 56A.15A

(rule 56A.15)

Notice of Default

I hereby certify that no Response or other documentation has been filed in response to the Application filed in this matter by the respondent and that the applicant is entitled to proceed without further notice to the respondent.

 

 

 

Registrar


Form 56A.16A

(rule 56A.16)

In the Supreme Court of Newfoundland and Labrador
Trial Division/Unified Family Court

Court No. _________________________

Court File No. _____________________

Central Divorce Registry No. _____________________ (if applicable)

BETWEEN: _________________________ APPLICANT

and

††††††††††††††††††††† _________________________ RESPONDENT

Interim Application
Family Law Proceeding

TAKE NOTICE that an application will be made to the presiding judge in chambers at the court house in ______________, Newfoundland and Labrador, at ____ oíclock in the _____ noon on the _______day of ______________, 2___ or so soon thereafter as the matter may be heard on behalf of the applicant (or respondent, as the case may be) for an order that:

†††††††††††† (a)(state the precise relief sought);

†††††††††††† (b)

ON THE FOLLOWING GROUNDS:

†††††††††††† (a)(set out the legal basis which the party bringing the application relies upon to justify the relief sought)

†††††††††††† (b)

AND FURTHER TAKE NOTICE that in support of this application will be read the Affidavit of (name of person bringing application) ________________.(Also set out here any other material to be used, including the financial disclosure required of you under Division III, and the Child Support Information Sheet, where child support is sought.)

AND FURTHER TAKE NOTICE if you wish to oppose the application, you or your lawyer must prepare an affidavit in response, serve a copy at the address for service given at the end of this document, and file it in the court registry office, with proof of service, at least one day before the date set for hearing the application.You or your lawyer must also come to court for the hearing of the application on the date set.

(Include this paragraph where a support order is sought) AND FURTHER TAKE NOTICE that whether or not you oppose this application, you must serve and file a Financial Statement in Form 56A.27A at least one day before the date set for hearing the application.If this application includes a claim for child support, and you do not comply with this notice or the Notice to File Income Information which has also been served on you, THE COURT MAY IMPUTE INCOME TO YOU AND MAY DETERMINE THE AMOUNT OF CHILD SUPPORT PAYABLE ON THE BASIS OF THAT IMPUTED INCOME.††† If you have been served with an application for child support, please consult the Federal/Provincial Child Support Guidelines.

AND FURTHER TAKE NOTICE that if you do not appear at the hearing [or fail to provide the required financial information (where a support order is sought)] an order may be made in your absence and enforced against you.YOU WILL NOT RECEIVE FURTHER NOTICE OF THIS APPLICATION.

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

 

 

Signature

To: Address for service on Applicant/Applicantís lawyer


Form 56A.24A

(rule 56A.24)

Notice of Application for Judgment

To The Respondent (or the Petitioner):

TAKE NOTICE that an application for judgment in this proceeding will be made to the presiding judge at the Court House in __________, Newfoundland and Labrador, on _______day, the __________ day of _____________, 2___, at _____ oíclock in the _____noon or so soon thereafter as the matter may be heard.

AND FURTHER TAKE NOTICE that in support of the application will be read the pleadings in this proceeding, the affidavit of service of the originating application and the affidavit of the applicant (or respondent) (also set out here any other material filed).

 

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

 

 

Signature

This document was delivered (etc.)


Form 56A.24B

(rule 56A.24)

Application for Judgment

To the Registrar at _____________________

††††††† 1. The applicant (or The co-applicants or The respondent) request(s) that this proceeding be set down for determination as an uncontested proceeding to be heard under rule 56A.24 on the basis of affidavit evidence.

††††††† 2. The applicant(s) claim(s) the following relief:

_____ Divorce†††† _____ early date of effect of judgment

_____ Custody

_____ Access

_____ Spousal support in the amount of $_____ per month

_____ Support for children in the amount of $_____ per month

_____ Parental support

_____ Relief under the Family Law Act (Division of matrimonial property)

_____ Claim for property by common law spouse

_____ Costs

_____ Other (specify)

††††††† 3. The following pleadings, proceedings and documents are on file:

_____ Originating Application/Application

_____ Response

_____ Reply

_____ Demand for Notice, and

_____ Notice of Application for Judgment

_____ Marriage registration or

_____ Order dispensing with production of marriage registration

_____ Child Support Information Sheet

_____ Financial Statements ††† ____ applicant____ respondent

_____ Property Statements †††† ____ applicant____ respondent

_____ Waiver of Financial and Property Statements

_____ Central Registry notification

_____ Other (specify)

††††††† 4. Service of the originating application upon the respondent was effected in (province or country) _______________ on (date) ______________ by:

 

_____ Personal service.See affidavit of personal service.

_____ Leaving a copy with the respondentís lawyer (other than in a divorce proceeding).See acceptance of service in writing on a copy of the petition.

_____ Substitutional service. See copy of order and affidavit of compliance attached to petition.

††††††† 5. The respondent was noted for default of response on (date) ___________________________

or

The respondent filed a response but the response was withdrawn (or struck out) on ____________

or

The respondent has consented to this application by consent endorsed on the draft judgment and/or draft order.

(Delete paragraphs 4 and 5 where it is a joint originating application/application or where it is an application for judgment by respondent.)

††††††† 6. The applicantís (or respondentís) affidavits required by rule 56A.24(4)(c) and rule 56A.44 (or as the case may be) accompany this application.

Exhibited to the affidavit(s) are the following documents:

_____ Agreement as to Child Support, or

_____ Income information†††††† ___ petitioner ____ respondent

_____ Separation or financial or custody agreement

_____ Previous court order(s)

_____ Undertaking that no appeal from judgment will be taken

_____ Other (specify)

††††††† 7. The following documents also accompany this application:

_____ Affidavit of respondent admitting adultery, or

_____ Certified transcript of the examination for discovery of the respondent

_____ Child Support Calculation

_____ Draft judgment

_____ Draft child support order

_____ Draft certificate

_____ Addressed envelopes 2 to respondent2 to applicant

_____ Other (specify)

††††††† 8. The respondentís address is:_____________________________

†††††††††††† The address of the respondentís lawyer is:__________________

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

 

 

Signature


Form 56A.24C

(rule 56A.24)

Affidavit of Applicant

I, ________________, of ______________, in the ________________ of __________________, make Oath and Say/Affirm as follows:

GENERAL

††††††† 1. I am the applicant in this proceeding and I have personal knowledge of the matters and facts deposed to in this affidavit, except where stated to be on information learned from someone else and where that is stated, I believe the information to be true.

††††††† 2. All of the facts and information contained in the originating application/application continue to remain true and accurate, except for the following:(note here corrections or subsequent changes):

††††††† 3. (Where there is a support claim, and a Financial Statement of the Applicant is required) All of the facts and information contained in my Financial Statement sworn/affirmed (date of most recent statement) ________________, continue to remain true and accurate [except for the following: (note here corrections or subsequent changes)]

††††††† 4. (Where there is a property claim) All of the facts and information contained in my Property Statement sworn/affirmed (date of most recent statement) _______________, continue to remain true and accurate [except for the following: (note here corrections or subsequent changes)]

††††††† 5. I have (or the Respondent has) been ordinarily resident in Newfoundland and Labrador since the ______ day of ____________, ___ [(include where it is a divorce proceeding) which is a period of at least one year immediately preceding the date of issue of the originating application/application in this proceeding].

RECONCILIATION

††††††† 6. The following efforts to reconcile have been made:

I resumed cohabitation with the respondent on or about the ___ day of ________, 2___, for the purpose of achieving a reconciliation, and continued cohabitation for that purpose until on or about the ____ day of ____________, 2___, but a reconciliation was not achieved;

and/or

††††††† 7. I do not wish to reconcile or to resume cohabitation with my spouse.

MARRIAGE BREAKDOWN

††††††† 8. (Where no certificate of marriage or of registration of the marriage has been filed) It is impossible or impractical to obtain a certificate of marriage or of registration of the marriage.The particulars of the marriage are: (state sufficient particulars to prove the marriage)

††††††† 9. There has been a breakdown of my marriage to the respondent by reason of the fact that:

†††††††††††† (a)I separated from the respondent on or about the _____ day of __________, 2____, and have lived separate and apart from the respondent since that date, which is a period in excess of one year.

and/or

†††††††††††† (b)The respondent has committed adultery as evidenced by his (or her) affidavit filed in this proceeding (or by the certified transcript of the examination for discovery of the respondent filed in this proceeding, or as the case may be).I separated from the respondent on or about the ____ day of __________, 2____, and I have lived separate and apart from the respondent since that date.

and/or

†††††††††††† (c)Since the celebration of the marriage the respondent has treated me with physical and mental cruelty of such a kind as to render our continued cohabitation intolerable, particulars of which are as follows:

††††††††††††††††††††† (i)

†††††††††††††††††††† (ii)etc.

I separated from the respondent on or about the _____ day of __________, 2____, and I have lived separate and apart from the respondent since that date.

COLLUSION, CONDONATION AND CONNIVANCE

††††† 10. I have truthfully set out the facts establishing the breakdown of my marriage and I have not entered into any agreement, understanding or arrangement to makeup or hide evidence or to deceive the court.

††††† 11. (Where adultery or cruelty is the basis of the marriage breakdown) I have not encouraged my spouse to act in the manner that I have outlined, nor to commit or continue the complained of acts.I am unable to forgive my spouse and resume cohabitation as a result of his/her acts or conduct toward me.

CHILDREN

††††† 12. There are no children of the respondent or myself who are in the custody or care of either of us.

or

The names, date of birth and place of residence of all children of the respondent and I who are in the custody or care of either of us are:

††††† 13. The children in respect of whom relief is claimed are:

and/or

I am claiming no relief in respect of the following children because

††††† 14. The present and proposed arrangements with respect to custody and access of any or all children are as follows:

(If this is a joint or shared parenting arrangement, specify the particulars of the residency of the children.)

††††† 15. An order giving me (or the respondent) custody (or joint custody) of the children is in the best interests of the children because:

††††† 16. An order giving the respondent (or me) access to the children is (or is not) in the best interests of the children because:

††††† 17. I seek support for the following children __________________.In the amount of $______ per month to commence _______________.

††††† 18. The condition, means, needs and other circumstances of the children are as follows: (Include any special conditions of a child and any special needs as well as general requirements)

††††† 19. (In a divorce proceeding where there are children but no claim is made for child support) The arrangements that have been made for the support of any children are as follows:

My income information required by the Federal Child Support Guidelines is attached as exhibit "____", and the income information of the respondent required by the Federal Child Support Guidelines is attached as exhibit "____".

SPOUSAL SUPPORT

††††† 20. I do not seek a support order for myself.

or

I seek support for myself in the sum of $_____ per month.

††††† 21. My conditions, means, needs and other circumstances are as follows:

PROCEEDINGS AND AGREEMENTS

††††† 22. A previous court order with reference to (the marriage, cohabitation, custody, support, maintenance or division of property, as the case may be) was granted the ______ day of __________, 2____, in a proceeding under (state statute under which relief granted), a copy of which is attached as exhibit "____".

and/or

††††† 23. No other legal proceedings have been instituted between myself and the respondent with reference to the marriage, cohabitation, custody, support, maintenance or division of property.

††††† 24. The dates of any written or oral separation or financial or custody agreements between myself and the respondent are: _________________________________________________________

The agreement pertains to:

 

custody of the children

access to the children

child support

spousal support

parental support

division of matrimonial property

property claim by common law spouse

other (specify)

A copy of the agreement(s) is attached as exhibit "____". (Attach where it is relevant to the relief claimed or where it pertains to any child in the custody or care of either the applicant or the respondent.)

or

†††††††††††† There have been no written or oral separation or financial or custody agreements between myself and the respondent.

††††† 25. Copies of other orders or agreements relating to any children who are in the custody or care of either the respondent or I are attached as exhibit "____".

FINANCIAL INFORMATION

††††† 26. My occupation is:

†††††††††††† My place of employment is:

†††††††††††† My current annual income from all sources is $___________.

Further particulars of my financial position are set out in my Financial Statement sworn/affirmed (date) ___________________.(Or, where a Financial Statement is not required of the applicant, set out any necessary details here.)

††††† 27. The Respondentís occupation is:

†††††††††††† The Respondentís place of employment is:

The Respondentís current annual income from all sources is $______________.

The basis of my information and belief as to the occupation, employment and annual income of the respondent is as follows (eg. The Financial Statement of the Respondent sworn/affirmed...; the Affidavit of the Respondent sworn/affirmed ...; or as the case may be.):

PROPERTY

††††† 28. The respondent and I divided our property following our separation.I am satisfied with the current division of property.

or

(Include only where seeking an order incorporating a settlement or agreement.)The respondent and I have settled, by consent, the division of our matrimonial property by way of Minutes of Settlement, filed with the court [or an Interspousal Contract and Separation Agreement, a copy of which is attached to this affidavit as exhibit "____"].I am seeking an order incorporating this division of property.

JUDGMENT

††††† 29. The present address of the respondent where service of the judgment may be made is:

and

†† 29A. The basis of my information and belief as to the address of the respondent is as follows:

or

††††† 29. Service of the judgment on the respondent should be dispensed with for the following reasons:

††††† 30. (Where an earlier date of effect of divorce judgment is sought) The divorce judgment should take effect on the day judgment is rendered (or on the ______ day following the day judgment is rendered) by reason of the following special circumstances:

and

†† 30A. An undertaking by myself and the respondent that no appeal from the judgment will be taken is attached as exhibit "____".

††††† 31. I claim the following relief: (Set out in list form the relief being requested.)

††††† 32. Costs are claim in the amount of $_______for the following reasons:

SWORN/AFFIRMED, etc.

This affidavit is filed on behalf of the applicant.


Form 56A.27A

(rule 56A.27)

Financial Statement of [name]

I, [name] ____________________ Address ____________________

City _____________ Province _____________ Postal Code ________

Phone _______________ Fax _______________

swear (or affirm) that:

††††††† 1. The information set out in this financial statement is true and complete to the best of my knowledge and belief, and sets out my financial situation as of: (give date for which information is accurate).

2.

I do not anticipate any significant changes in the information set out in this financial statement.

or

 

I anticipate the following significant changes in the information set out in this financial statement:

††††††† 3. Attached are the following:

 

Part 1: Income

Part 2: Annual Expenses

Part 3: Special or Extraordinary Expenses

Part 4: Undue hardship

Part 5: Income of Other Persons in Household

Part 6: Property

SWORN OR AFFIRMED BEFORE ME at _______________, Newfoundland and Labrador on ______________.

 

A commissioner, etc.

 

Signature

DECLARATION:

This declaration is to be filled out if your income is tax exempt because of your Indian status.

Financial Statement Instructions

Please read the instructions (in italics) carefully.You may not have to complete the financial statement at all or, you may only have to complete parts of it.The instructions tell you what parts of the form you must complete, according to the type of claim involved.When you complete those parts of the form, leave blank any lines that do not apply to you.If there is more than one claim in the proceeding (for example, a claim for spousal support and a claim for child support),you must complete each of the Parts of the financial statement that apply to you.If you are required to complete a Part in relation to one claim, you need not redo that Part if the same Part is required in relation to a different claim.

IMPORTANT NOTE: If during the course of the proceeding you find out that the information in this financial statement is incorrect or incomplete, or there is a material change in your circumstances that affects the information in this financial statement, you must serve on every other party to this case and file with the court the correct or complete information, or a new financial statement with updated information, together with any documents that back up that information.

PART 1
INCOME

Complete this Part if

††††††††††††††† -you are making a claim for child support, or are seeking to vary an order for child support, and the amount claimed differs from the table amount in the Federal Child Support Guidelines (a claim for add-ons, a child is 18 years of age or more, a claim for undue hardship, a case of split or shared custody, the payorís annual income is over $150,000, the payor stands in the place of the parent),†††††††††††

††††††††††††††† -there is a claim against you for child support, or

††††††††††††††† -there is a claim, either by you or against you, for spousal or parental support or you or another party are seeking to vary an order for spousal or parental support.

††††††† 1. I am

 

employed as [describe occupation] __________________

 

By [name and address of employer] _________________

 

and I am paid:

 

every 2 weeks

 

twice a month

 

monthly

 

other (specify)

 

self-employed, carrying on business [or a professional practice] under the name of [name and address of business or practice] _________________ or a farmer (or as may be applicable)

unemployed since [date when last employed] _________

a shareholder, director or officer of a corporation, in which I have an interest [or a controlling interest]:[name and address of corporation] ________________________

a beneficiary under a trust: [identify trust settlement agreement] ____________________________________

††††††† 2. The total income declared on my last income tax return in [year] ____________ was $________ and my net taxable income was $_________________.

††††††† 3. I have attached to or served with this form: [check applicable boxes]

a copy of every personal income tax return filed by me for each of the 3 most recent taxation years, together with a copy of all material filed with the returns and a copy of every notice of assessment or re-assessment issued to me for each of those years.(Identify any required copies already in the court file, as those copies do not need to be attached to this form.)

a statement from the Canada Customs and Revenue Agency that I have not filed any income tax returns for the past 3 years.

a declaration that I am not required to file an income tax return because of the Indian Act (Canada). [Use the declaration at the bottom of the first page.]

a Canada Customs and Revenue Agency Consent in Form ____ signed by me, for the disclosure of my tax returns and assessments for the past 3 years.

IMPORTANT NOTE: If you are a party to a claim for child support and you are required to fill out Part 1 of this form, the clerk of the court will not allow you to file this financial statement unless you have checked one of the boxes in paragraph 3 above and have attached the required document(s).

Annual Income

Include all income and other money received from all sources for the 12 month period ending on the date of this statement whether taxable or not.Show gross annual amounts here (to get an annual figure, multiply any weekly amount by 52, or any monthly amount by 12).Give current actual amount where known.Give your best estimate where you cannot find out the actual amount.

If your most recent federal income tax return (attached to this statement) sets out what you expect your income to be for this year, simply record those amounts here.Otherwise, record what you expect your income for this year to be from each source of income that applies to you. This will be necessary if your salary has increased, you have become unemployed, you have bought or sold rental properties, any source of your income is not taxable, etc.

 

1.

Employment income: wages, salaries, commissions, bonuses and overtime [before deductions]


+ $_____

2.

Commissions [If already included on line 1: indicate amount, but do not add in]


+ $_____

3.

Other employment income [Include tips, foreign employment income, net research grants, etc.]



+ $_____

4.

Pension income [Include Old Age Security, CCP, disability, superannuation and other pensions



+ $_____

5.

Employment insurance benefits [before deductions]


+ $_____

6.

Taxable amount of dividends from taxable Canadian corporations


+ $_____

7.

Interest and other investment income

+ $_____

8.

Partnership income: limited or non-active partners only††††††††††††††††††††††††††††††††††††††††††††††††††††††† Net


+ $_____

9.

Rental income†††††††††††††††††††† Gross $_____††† Net

+ $_____

10.

Taxable capital gains

+ $_____

11.

Child support received
††††††††††† Total amount $_____††† Taxable amount


+ $_____

12.

Spousal support: From this relationship $____;
†††††††††††††††††††† From another relationship $_____


+ $_____

13.

Registered retirement savings plan income

+ $_____

14.

Self employment income:

+ $_____

 

a. Business income†††††††††††† Gross $_____††† Net

+ $_____

 

b. Professional income†††††† Gross $_____††† Net

+ $_____

 

c. Commission income†††††† Gross $_____††† Net

+ $_____

 

d. Farming income†††††††††††† Gross $_____††† Net

+ $_____

15.

Workersí compensation benefits

+ $_____

16.

Total social assistance payments

+ $_____

17.

Net federal supplements

+ $_____

18.

Other income [Include any taxable income that is not already included above, such as scholarships, bursaries, study grants, certain lump sum payments or death benefits, severance pay, etc.Specify]





+ $_____

 

Total annual income:A

= $_____

Benefits

Monetary benefits:Income that is exempt from federal or provincial tax: List all allowances and amounts received from all sources, that are not taxable: such as, amounts exempt because of status under Indian Act (Canada); band assistance payments; exempt portion of otherwise taxable amounts; certain disability benefits; etc. Specify.

__________________________________________________ $_____

__________________________________________________ $_____

__________________________________________________ $_____

Non-monetary benefits: List all non-monetary benefits from all sources, that are not included in total income (line A).Include such items as use of a company car, or board and room provided for you, and other expenses paid on your behalf.Give your best estimate of the value of the benefit where you cannot find out the actual value.

__________________________________________________ $_____

__________________________________________________ $_____

__________________________________________________ $_____

Medical or dental insurance coverage: Is medical or dental insurance coverage for your children available to you through your employer or otherwise at a reasonable rate:††††††††††††††††††††††††††††††††††† Yes†††††††††† No

Do you have medical or dental insurance coverage for your children:
†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Yes†††††††††† No


Adjustments to Annual Income

Give the current actual amount if you know it or may find it out. If you canít find out, give your best estimate.

††††††††††††††† -Refer to Schedule III of the Federal Child Support Guidelines.Section numbers included below are references to Schedule III of the Federal Child Support Guidelines.

††††††††††††††† -If necessary, attach an extra sheet to show calculations.

Replacements in income:

(Where applicable) Recalculate the annual income shown as amount A on page 3, after making the following replacements:

††††††††††††††† -Replace taxable amount of dividends from Canadian corporations (line 6) with the actual amount of dividends: $______ (See section 5)

††††††††††††††† -Replace taxable capital gains (line 10) with the actual amount of capital gains realized in excess of the actual capital losses: Gains $______ - losses $______ = excess $______ (See section 6)

Recalculated annual income:AĻ = $______

Deductions from income:

 

1.

Union, professional association or like dues (if you are an employee):section1


+ $_____

2.

Other employment expenses:section 1 (Specify)

+ $_____

3.

Taxable amount of child support I receive:section 2

+ $_____

4.

Spousal support I receive from the other party:subsection 3(1)


+ $_____


 

5.

Social assistance I receive for other members of my household:section 4


+ $_____

6.

Actual amount of business investment losses suffered during the year:section 7


+ $_____

7.

Carrying charges and interest expenses paid by me and deductible under the Income Tax Act (Canada):section 8



+ $_____

8.

Prior period earnings included in self-employment income, net of reserves:section 10


+ $_____

9.

Portion of partnership or sole proprietorship income properly required for capitalization:section 12



+ $_____

 

Total deductions from income:B

= $_____

Additions to income:

 

10.

Payments to non-armís length persons:section 9


+ $_____

11.

Allowable capital cost allowance with respect to real property:section 11


+ $_____

12.

Value of exercised employee stock options in Canadian-controlled private corporations:section 13



+ $_____

 

Total additions to income:C

= $_____

 

Annual income or Recalculated annual income:
(A) or (AĻ):


$_____

subtract

Total deductions from income (B)

- $_____

add

Total additions to income (C)

+ $_____

 

Adjusted Annual Income:D

= $_____

 


Child Support:

The Adjusted Annual Income (D) is to be used to calculate child support in accordance with the applicable child support table set out in the Federal Child Support Guidelines.

The Annual Income to be used where special or extraordinary expenses are claimed:

 

Annual income D

$_____

add

Spousal support received from the other party (if any)


+ $_____

subtract

Spousal support paid to the other party (if any)


- $_____

 

Adjusted Annual Income (Special):E

= $_____

Spousal or Parental Support:

The Annual Income to be used where spousal or parental support is claimed:

 

Annual income D

$_____

add

Total child support I receive


+ $_____

add

Social assistance I receive for other household members


+ $_____

add

Child tax benefits or credits


+ $_____

subtract

GST/HST credit


- $_____

 

Adjusted Annual Income (Spousal): F

= $_____

 


PART 2
ANNUAL EXPENSES

Do not complete this Part if the only support claimed is child support n the table amount set out in the Federal Child Support Guidelines and all children for whom support is claimed are under the age of 18.

Complete this Part in all other claims for child support or a change in child support, where the amount claimed differs from the table amount in the guidelines (a claim for add-ons for special or extraordinary expenses, a child is 18 years of age or more, a claim for undue hardship, a case of split or shared custody, a case where the payorís annual income is over $150,000, a case where the payor stands in the place of the childís natural parent).

Complete this Part if there is a claim, either by you or against you, for spousal or parental support or a change in that support.

You must set out your total living expenses. If you cannot find out the actual amount, give your best estimate.

Source Deductions

1.

Canada Pension Plan Contributions

$_____

2.

Employment Insurance premiums

$_____

3.

Employee pension contributions to a registered pension plan


$_____

4.

Medical and dental insurance premiums (deducted at source)


$_____

5.

Income tax

$_____

 

Housing

 

6.

Rent or mortgage

$_____

7.

Property taxes

$_____

8.

Homeownerís/Tenantís insurance

$_____

9.

Condominium fees

$_____

10.

Water, sewer and garbage

$_____

11.

House repairs, maintenance, yard care

$_____

12.

Heat

$_____

13.

Electricity

$_____

14.

Telephone

$_____

15.

Other (Specify)

$_____

 

Household expenses

 

16.

Food

$_____

17.

Meals outside the home

$_____

18.

General household supplies

$_____

19.

Hair care, toiletries and sundries

$_____

20.

Dry cleaning and laundry

$_____

21.

Furnishings and equipment

$_____

22.

Other (Specify)

$_____

 

Transportation

 

23.

Public transit, taxis

$_____

24.

Car insurance, registration and licence

$_____

25.

Gas and oil

$_____

26.

Parking

$_____

27.

Car repairs and maintenance

$_____

28.

Other (Specify)

$_____

 

Health

 

29.

Medical and dental insurance premiums (Not deducted at source)


$_____

30.

Health care (Physiotherapy, etc.)

$_____

31.

Drugs, prescriptions

$_____

32.

Dental care (including orthodontist)

$_____

33.

Optical care (eyeglasses, contact lenses)

$_____

34.

Other (Specify)

$_____

 

(Amounts in 30 - 34 net of coverage)

 

 

Personal

 

35.

Clothing, footwear

$_____

36.

Education expenses (self)(Specify)

$_____

37.

Other (Specify)

$_____

 

Children

 

38.

Clothing, footwear

$_____

39.

Childrenís allowance, gifts

$_____

40.

School fees, books and supplies

$_____

41.

School activities (field trips, etc.)

$_____

42.

Activities, lessons and supplies (music lessons, clubs, sports, bicycles)


$_____

43.

Child care, babysitting

$_____

44.

Other (Specify)

$_____

 

Savings for the future

 

45.

RRSP

$_____

46.

RESP

$_____

47.

Other (Specify)

$_____

 

Support payments
(
Specify for whom, whether tax deductible, whether voluntary or under order)

 

48.

Support being paid in this case

$_____


 

49.

Support being paid in any other case

$_____

 

Debt payments (other than mortgage)

 

50.

(Specify)

$_____

 

Other

 

51.

Life or term insurance premiums

$_____

52.

Banking, legal, accounting

$_____

53.

Church, charitable donations

$_____

54.

Entertainment and recreation

$_____

55.

Vacation

$_____

56.

Alcohol/tobacco

$_____

57.

Other (Specify)

$_____

 

Total annual expenses:G

= $_____

 

Adjusted annual income (D, E or F)

$_____

subtract

Total annual expenses (G)

- $_____

 

Annual Surplus/Deficit

= $_____


PART 3
SPECIAL OR EXTRAORDINARY EXPENSES

††††††††††† - Complete this Part only if you claim special or extraordinary expenses as part of a child support claim.Refer to section 7 of the Federal Child Support Guidelines.

I am claiming an amount to cover special or extraordinary expenses for one or more of the following reasons:(Indicate which of the following you are claiming.)

 

child care expenses incurred as a result of my employment, illness, disability, education or training for employment

that portion of the medical and dental insurance premiums attributable to child;

health related expenses that exceed insurance reimbursement by at least $100 annually per illness or event, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;

extraordinary expenses for primary or secondary school or for any education programs that meet the childís particular needs;

expenses for post-secondary education;

extraordinary expenses for extracurricular activities.

††††††††††††††† -State the childís name that each expense relates to, the details of each type of expense you are claiming, and the total annual amount of each expense.

††††††††††††††† -If the child contributes to payment of the expense, please indicate that contribution and its amount.

††††††††††† - If you are claiming for a health related expense, please indicate the amount of insurance reimbursement.

 

Childís Name

Details of Expense

Total Amount

Contribution/
Reimbursement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Receipts or other documentation which shows the amount of the expenses I am claiming for each child are attached to this financial statement.

 

or

I cannot obtain receipts or other documentation to show the amount of the expense I am claiming because:(Please explain why) ___________________________
______________________________________________
______________________________________________

I am eligible to claim or I receive the following subsidies, benefits or income tax deductions or credits relating to the above expenses: (provide details) ______________
______________________________________________
______________________________________________


PART 4
UNDUE HARDSHIP

††††††††††† - Complete this Part only if you claim a different amount of child support on the basis of undue hardship.

††††††††††† - Refer to section 10 of the Federal Child Support Guidelines. (Indicate which of the following you are claiming.)

 

Responsibility for unusually high level of debts reasonably incurred to support the family before the separation or to earn a living:

 

Owed to

Purpose

Date
incurred

Terms of debt

Annual amount

 

 

 

 

 

 

 

 

 

 

 

Unusually high expenses for exercising access to a child:

 

Details of expense

Annual amount

 

 

 

 

 

Legal duty under a judgment, order or written separation agreement to support another person:

Legal duty to support a child, other than a child for whom support is claimed in this application, who is under the age of 18, or at or above the age of 18 but unable to support himself or herself because of illness, disability or other cause:

Legal duty to support a person who is unable to support himself or herself because of illness or disability:

 

††††††††††††††† -attach a copy of any judgment, order or written agreement under which the legal duty arises.

 

Name of person

Relationship

Nature of duty

Annual amount

 

 

 

 

 

 

 

 

 

 

 

 

 

Other undue hardship circumstances:

 

Details

Annual amount

 

 

 


PART 5
INCOME
OF OTHER PERSONS IN HOUSEHOLD

††††††††††††††† -Complete this Part if either party is making a claim for a different amount of child support on the basis of undue hardship

The following are the names, occupations or sources of income, annual incomes and amount of federal and provincial taxes payable thereon, of

†††††††††††† (a)any person who has a legal duty to support me or whom I have a legal duty to support;

†††††††††††† (b)any person who shares living expenses with me or from whom I otherwise receive an economic benefit as a result of living with that person; and

†††††††††††† (c)any child whom I or the person described in paragraph (a) or (b) has a legal duty to support.

 

Other personís name

Occupation or source of
income

Annual
income*

Taxes payable

 

 

 

 

 

 

 

 

* Where the information on which to base the income determination is not provided, the court may impute income in the amount it considers appropriate.


PART 6
PROPERTY STATEMENT OF [name]

I, [name] ____________________ Address ____________________

City _____________ Province _____________ Postal Code ________

Phone _______________ Fax _______________

swear (or affirm) that:

††††††† 1. The information set out in this property statement is true and complete to the bests of my knowledge and belief, and sets out all matrimonial property as of [give date for which information is accurate] ___________________________

2.

I do not anticipate any significant changes in the information set out in this property statement.

or

 

I anticipate the following significant changes in the information set out in this property statement:

 

SWORN OR AFFIRMED BEFORE ME at _______________, Newfoundland and Labrador on ______________.

 

A commissioner, etc.

 

Signature

 


I.Assets in and out of Newfoundland and Labrador

The date of application is (give date) _________________________

 

1.Real Property

Include any interest in land owned on the date of application or as of the date of this statement, including leasehold interests and mortgages. Show estimated market value of the interest, but do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part II, "Debts and Liabilities".

For example, if you were including the matrimonial home, you may insert both spouses names in the first column and "Joint tenancy" in the second column; in the next column, you may write "Matrimonial home, 123 Main Street", in the third column, "$100,000", which in the case of such a joint tenancy would also be the value to be placed in the final column.The amount left to pay on the mortgage would be shown under Part II: "Debts and Liabilities".

 

Owner

Nature and Type of
Ownership

Nature of
property, and address

Estimated

Total Value

Estimated Market Value of the Interest

On date of application

Current date

 

 

 

 

 

 

1. Total Value of Real Property

$

 


 

2.General Household Goods and Vehicles

Show estimated market value, not the cost of replacement for these items owned on date of application or as of the date of this statement.Do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part II, "Debts and Liabilities".

Item

Description

In the Possession of

Estimated Market Value

On Date of Application

Current Date

Household goods, appliances and furniture

 

 

 

 

Cars, boats, trailers, motorhomes, snowmobiles, other vehicles

(describe by make, model, year)

 

 

 

Jewellery, works of art, collections, electronics, tools, sports and hobby equipment

 

 

 

 

Other special items

 

 

 

 

2. Total Value of General Household Goods
and Vehicles

$

 


 

3. Bank Accounts And Savings

Show the items owned on the date of application by category. Include cash, savings and chequing accounts in financial institutions, term deposits, guaranteed investment certificates, and any other savings.

Owner

Category

Institution

Account Number

Amount

On Date of Application

Current Date

 

 

 

 

 

 

3. Total Value of Bank Accounts and Savings

$

 

 

The location of any safety deposit box[es] is [name and address of institution(s)]

 

4. Pensions And Retirement Savings Plans

Show the items owned by category.Indicate the name and address of the institution where a Registered Retirement Savings Plan is held; include name and address of pension plan and pension details.

Owner

Category

Institution

Account Number

Amount

On Date of Application

Current Date

 

 

 

 

 

 

4. Total Value of Pensions and Retirement Savings Plans

$

 

 


 

5. Securities

Show the items owned by category.Include shares, bonds, mutual funds, warrants, options, debentures, notes and any other securities.Give your best estimate of their market value if the items were to be sold on the open market.

Owner

Category

Number

Description

Estimated Market Value

On Date of Application

Current Date

 

 

 

 

 

 

5. Total Value of Securities

$

 

 

6. Life and Disability Insurance

List all whole life, term life, disability or other similar insurance policies. Set out cash surrender value, if any.

Company and Policy No.

Kind of Policy

Owner

Beneficiary

Face Amount

Cash Surrender Value

On Date of Application

Current Date

 

 

 

 

 

 

 

6. Total Cash Surrender Value of Insurance Policies

$

 

 


 

7. Business Interests

List any interest either spouse holds, directly or indirectly, in any incorporated business, including partnerships, trusts and joint ventures.Give your best estimate of market value if business were to be sold on an open market.An interest in an incorporated business may be shown here or under item 5: Securities.

Interest Held by

Name of Firm or
Company

Interest

Estimated Market Value of the Interest

On Date of Application

Current Date

 

 

 

 

 

7. Total Value of Business Interests

$

 

 

8. Accounts Receivable

Give details of all money owed to either spouse, whether because of business or from personal dealings; including amounts loaned to family members, any court judgments in a spouseís favour, any estate money owed.

Owed to

Details

 

Amount Owed

On Date of Application

Current Date

 

 

 

 

8. Total of Accounts Receivable

$

 

 


 

9. Other Property

Show other property or assets owned by categories.Include property of any kind not listed in items 1 to 8 (for example, patents or copyright claims).Give your best estimate of market value.

Owner

Category

Details

Estimated Market Value of the Interest

On Date of Application

Current Date

 

 

 

 

 

9. Total Value of Other Property

$

 

I.Value of all Assets (Add Totals 1 To 9 Together) I. + $_________

 

II. Debts And Other Liabilities

Show all debts and other liabilities, whether arising from personal or business dealings.List by category, such as mortgages, charges, loans, liens, notes, credit cards, accounts payable, tax arrears and costs of disposition.Indicate if any other person may be responsible for this debt with a spouse, and give their name.Include contingent liabilities such as guarantees given by either spouse, and indicate that they are contingent.Indicate if any debt payments are in arrears.

 

Debtor

Category

Details

(Interest Rate, Term or Number of Payments Remaining, any
Property Affected)

Amount Owing

On Date of Application

Current Date

 

 

 

 

 

II. Total of Debts and Other Liabilities

$

 

III. Property, Debts And Other Liabilities On Date Of Marriage

Show by category the value of each spouseís property and debts and other liabilities calculated as of the date of marriage.Where possible, include the price paid for asset, year purchased, and value added of repairs and improvements during marriage, as well as value on date of marriage.

 

 

 

Category and Details

Value on Date of Marriage

Assets

Liabilities

Petitioner

Respondent

Petitioner

Respondent

Real Property (Exclude Matrimonial Home Owned on Date of Marriage, Unless Sold Before Date of Separation)

 

 

 

 

Vehicles (Exclude Family Use Vehicles)

 

 

 

 

Bank Accounts and Savings

 

 

 

 

Pensions and Retirement Savings Plans

 

 

 

 

Securities

 

 

 

 

Life and Disability Insurance

 

 

 

 

Business Interests

 

 

 

 

Accounts Receivable

 

 

 

 

Other Property (Specify)

 

 

 

 

Debts and Other Liabilities (Specify)

 

 

 

 

TOTALS

$

$

$

$

III. Net Value of Property Owned on Date of Marriage

$

$

 

 

 


IV. Property Exempt From Distribution

Show the value by category of property reported in this statement which was owned on the date of application that you claim is exempt from distribution under paragraph 18(1)(c) of the Family Law Act, other than that property shown in Table III above.

 

Category

Item and Reasons for Exemption

Value an Date of Application

 

 

 

IV. Total Value of Exempt Property

$

V. Property Disposed Of Within 2 Years

List by category all property disposed of within 2 years before the beginning of this proceeding.Indicate the date of disposition of each item.

 

Category

Details

Value

 

 

 

V. Total Value of Disposed Property

$

VI. Calculation Of Net Family Property

 

Deductions

Balance

Value of all assets owned on date of application (item I)

$

Subtract Value of all debts and liabilities (item II)

$

$

Subtract Net value of property owned on date of marriage (item III)

$

$

Subtract Value of exempt property (item IV)

$

$

VI. Net Family Property

$

VII. Schedules

Where applicable, attach a statement as to the income tax consequences of an ordered disposition or realization of particular assets.

††††††††††††††† -Where a pre-marital asset claimed exempt is no longer held, but has been traded for another asset, attach a statement tracing the asset to the asset currently held.Attach copies of transaction documents

IMPORTANT NOTE: If during the course of the proceeding you find out that the information in this property statement is incorrect or incomplete, or there is a material change in the information provided, you must serve on every other party to this claim and file with the court the correct information, or a new property statement containing the correct information, together with any documents that back up that information.


Form 56A.27B

(rule 56A.27)

Notice to File Income Information

TO: The Respondent (or Applicant), (name) ___________________

You are required to provide to the Applicant (or the Respondent) and file with the Court within 30 days (or 60 days, if other party lives outside Canada or the United States) of service of this Notice: [check applicable boxes]

[if not previously provided to the other party or his or her lawyer] a financial statement in Form 56A.27A of the Rules of the Supreme Court, 1986, including the required income tax documents;

[if you are an employee] your most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or if such a statement is not provided by your employer, a letter from your employer setting out that information, including your rate of annual salary or remuneration;

[if you are self-employed] for the 3 most recent taxation years:

††††††††††††††††††††† (i)the financial statements of your business or professional practice, other than a partnership; and

†††††††††††††††††††† (ii)a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom you do not deal at armís length;

 

[if you are a partner in a partnership] confirmation of your income and draw from, and capital in, the partnership for its 3 most recent taxation years;

[if you control a corporation] for the corporationís 3 most recent taxation years:

††††††††††††††††††††† (i)the financial statements of the corporation and its subsidiaries; and

†††††††††††††††††††† (ii)a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at armís length;

[if you are a beneficiary under a trust] a copy of the trust settlement agreement and copies of the trustís 3 most recent financial statements.

 

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

 

 

Party or Party's Lawyer

The requested documents are to be:

†††††††††††† (a)served on the party seeking disclosure at the address for service set out at the end of this document; and

†††††††††††† (b)filed on the court file.

NOTE:If during the course of the proceeding you find out that the information you provided in a response to this notice is incorrect or incomplete, or there is a material change in the information provided, you must serve on every other party to this claim and file with the court the correct information, together with any documents substantiating it.


Notice

If you fail to provide the requested documents within the time given, the party seeking disclosure of your income information may apply on notice to the court for any of all of the following:

†††††††††††† (a)an Order drawing an adverse inference against you and imputing income to you in such amount as the court considers appropriate;

†††††††††††† (b)an Order for payment of support in such amount as the Court considers appropriate;

†††††††††††† (c)an Order that the documents requested be delivered within a specified time;

†††††††††††† (d)an Order directed to your employer or other person for disclosure of financial information;

†††††††††††† (e)an Order for costs, including costs up to an amount that fully compensates the party seeking disclosure for all costs incurred in the proceeding;

††††††††††††† (f)an Order granting the party seeking disclosure any other remedy requested.

or

Where the party seeking disclosure of income information wishes an immediate order in the event of non-compliance with this Notice to File Income Information, include a Notion of Motion in Form 47 for the desired order.

This document was delivered by (firm name)__________________, (business address)_______________ and the address for service is:______________________________________________________

Lawyer in charge of file:_____________ Telephone:_____________ or, where Applicant is not represented by a lawyer:This document was delivered by (Applicant) _______________ of (business or residence address) _______________, telephone (number)__________ and the address for service is:_______________.


Form 56A.28A

(rule 56A.28)

Agreement as to Child Support

The parties agree as follows:

††††††† 1. The income of the payor [name] _______________ is $______.

††††††† 2. The payor currently resides in [province or, if resident outside of Canada, country] ___________.

††††††† 3. The income of the recipient [name] ______________________ is $ _____________.

††††††† 4. The recipient currently resides in [province or, if resident outside of Canada, country]_________.

(Paragraphs 3 and 4 must be included where special or extraordinary expenses are to be shared or where the amount agreed to differs from the table amount set out in the Federal Child Support Guidelines.)

††††††† 5. Child support is to be provided for [state names and dates of birth of children for whom child support is to be provided] and according to the applicable child support table set out in the Federal Child Support Guidelines, the amount of child support payable for that number of children (the "child support table amount") is $_________.

††††††† 6. The payor will pay to the recipient, [name] _______________, child support of $_________ per month for the children referred to in section 5.

††††††† 7. [If applicable] The amount of child support agreed upon by this agreement differs from the child support table amount because : [state reasons]

††††††† 8. [If there are expenses under section 7 of the Federal Child Support Guidelines to be shared]There are special or extraordinary expenses, being [state type of expense] ___________________ on behalf of [name child] __________________in the amount of $___________ per month, and the payorís share of this expense is $______ per month.

 

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

 

 

Signature of applicantís lawyer

 

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

 

 

Signature of respondentís lawyer

or

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

Witness

 

Signature of applicant

 

DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 2_____.

 

Witness

 

Signature of respondent

 

This Form must be filed with the court along with the following documents:

†††††††††††† (a)a copy of the most recent personal income tax return filed by the payor along with a copy of the most recent income tax assessment or re-assessment, or an affidavit explaining why the documents are not available and providing evidence to satisfy the court that the amount of income of the payor and child support agreed to by the parties is reasonable,

†††††††††††† (b)a Child Support Information Sheet in Form 56A.58A and

†††††††††††† (c)where special or extraordinary expenses are to be shared or where the amount agreed to differs from the table amount set out in the Federal Child Support Guidelines, a copy of the most recent personal income tax return filed by the recipient along with a copy of the most recent income tax assessment or re-assessment, or an affidavit explaining why the documents are not available and providing evidence to satisfy the court of the amount of income of the recipient.