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Newfoundland and Labrador
Regulation 2003


NEWFOUNDLAND AND LABRADOR REGULATION 130/03

NEWFOUNDLAND AND LABRADOR
REGULATION 130/03

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

(Filed October 24, 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. John’s, October 21, 2003.

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

RULES

Analysis


        1.   Rule 56A.01 Amdt.
Definitions of terms

        2.   Rule 56A.02 Amdt.
How this Part applies

        3.   Rule 56A.06 Amdt.
Starting a family law proceeding

        4.   Rule 56A.08 Amdt.
Naming the parties

        5.   Rule 56A.10 Amdt.
How to serve documents

        6.   Rule 56A.12 Amdt.
How to oppose a claim and make a claim against the applicant

        7.   Rule 56A.15 Amdt.
Consequences of not responding

        8.   Rule 56A.17 Amdt.
Making application without notice

        9.   Rule 56A.18 Amdt.
Making orders without notice

      10.   Rule 56A.20 Amdt.
What may go in an affidavit

      11.   Rule 56A.21 R&S
How case management works

      12.   Rule 56A.24 R&S
Applying for judgment in an uncontested family law proceeding

      13.   Rule 56A.25 Amdt.
Judgments and orders

      14.   Rule 56A.27 R&S
What forms to use

      15.   Rule 56A.28 Amdt.
Child support

      16.   Rule 56A.30 Amdt.
Spousal, partner or parental support

      17.   Rule 56A.31 Amdt.
Property claims

      18.   Rule 56A.35 Amdt.
How to require the filing of forms

      19.   Rule 56A.36 Amdt.
How to require disclosure of other information

      20.   Rule 56A.39 Amdt.
Requirement to keep information current

      21.   Rule 56A.40 Amdt.
When non-parties have to disclose

      22.   Rule 56A.41 Amdt.
Failure to obey disclosure order

      23.   Rule 56A.42 Amdt.
How to apply for a divorce

      24.   Rule 56A.44 Amdt.
Where the other party is not objecting

      25.   Rule 56A.47 Amdt.
Certificate of divorce

      26.   Rule 56A.52 Amdt.
Affidavit supporting an application for variation

      27.   Rule 56A.53 Amdt.
Copies of documents required

      28.   Rule 56A.58 R&S
Documents required in claim for child support

      29.   Rule 56A.59 Amdt.
Applying to nullify a marriage

      30.   Rule 56A.60 Amdt.
Under the Children's Law Act

      31.   Rule 56A.61 Amdt.
Under the Family Law Act

      32.   Division IX Heading R&S
Provisional Support Orders - Divorce Act

      33.   Rule 56A.63 R&S
Division definitions

      34.   Rules 56A.64 to 56A.67 R&S
56A.64  Application for provisional
              variation order

              56A.65  Confirmation of provisional
              variation order

 

              Division IX.1
Interjurisdictional Support Orders

 

              56A.66  Division
              definitions

              56A.67  Receipt of
              documents from reciprocating
              jurisdiction

      35.   Rule 56A Forms R&S

      36.   Rule 56B.01 R&S
Application

      37.   Rule 56C.03 Amdt.
Procedure where project operating

      38.   Commencement

 

Schedule


 

        1. (1) Rule 56A.01 of the Rules of the Supreme Court, 1986 is amended by repealing subparagraph (c)(iii) and substituting the following:

                    (iii)  child, parent, spousal and partner support,

             (2)  Rule 56A.01 is amended by adding immediately after paragraph (e) the following:

          (e.1)  "partner" means a partner as defined in Part III of the Family Law Act;

             (3)  Rule 56A.01 is amended by repealing paragraphs (g) and (h) and substituting the following:

             (g)  "property statement" means a property statement in Form 56A.27C;

             (h)  "registrar" includes the Clerk of the Unified Family Court, a Deputy Registrar or Assistant Deputy Registrar in a Judicial Centre of the Supreme Court of Newfoundland and Labrador, Trial Division and a person appointed by one of those office holders to perform the role of the registrar under this Act;

             (4)  Rule 56A.01 is amended by repealing paragraph (j) and substituting the following:

              (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 has been withdrawn or struck out,

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

                            (A)  personally, with an affidavit of execution in Form 56A.25A, or

                            (B)  by his or her lawyer, or

                    (iv)  the respondent has served a response stating that he or she is not contesting the application; and

 

        2. (1) Rule 56A.02(6) is repealed and the following substituted:

             (6)  The forms prescribed by this Part, except for Forms 56A.24A, B and C, may be changed if necessary by the deletion of those portions of the form relating to relief that is not claimed.

             (2)  Rule 56A.02 is amended by adding immediately after subsection (6) the following:

          (6.1)  Forms 56A.24A, B and C may be changed where required by exceptional circumstances and notice of any change shall be given to the court in writing setting out the circumstances and the reason for the change.

 

        3. Rule 56A.06 is amended by repealing subsections (1) and (2) and substituting the following:

Starting a family law proceeding

Starting a family law proceeding

56A.06.  (1) A person may start a family law proceeding by presenting two originally signed copies of an originating application in Form 56A.06A to the court that has jurisdiction to hear the matter.

             (2)  A person asking to change a previous order about custody, access or support may start the proceeding by presenting two originally signed copies of an originating application in Form 56A.06B.

 

        4. Rule 56A.08 is amended by repealing subsections (1) and (2) and substituting the following:

Naming the parties

Naming the parties

56A.08.  (1) Subject to rules 56A.33 and 56A.45 where the parties starting a family law proceeding are called co-applicants, the party starting a family law proceeding is called the applicant and the opposite party is called the respondent.

             (2)  The description of the parties in the style of cause shall remain the same in any subsequent pleadings in that cause of action.

 

        5. Rules 56A.10(2) to (6) are repealed and the following substituted:

             (2)  Service of documents not listed in (1) on a person in a family law proceeding may be made in accordance with Rules 6 and 6A.

             (3)  Notwithstanding (2), where the person to be served with a document is a "board" or "director" as defined in the Child, Youth and Family Services Act, the document may be served by leaving a copy with the Director of Child, Youth and Family Services for the applicable board.

 

        6. Rule 56A.12(1) is repealed and the following substituted:

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

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

56A.12.  (1) A respondent who wishes to oppose a claim made in 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 the United States of America; or

             (b)  within 60 days after service of the originating application if the respondent was served outside Canada and the United States of America.

 

        7. Rule 56A.15(1) is amended by adding immediately after the word "time" a comma and the words "serves and files a response stating that he or she is not contesting the application".

 

        8. (1) Rule 56A.17(2) is repealed and the following substituted:

             (2)  A person who makes an application without giving notice shall

             (a)  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; and

             (b)  submit a proposed application respecting the same subject matter and seeking more permanent relief, to be heard by the court after giving notice to the other parties.

             (2)  Rule 56A.17 is amended by adding immediately after rule 56A.17(2) the following:

          (2.1)  The proposed application submitted under (2)(b) shall be issued when the application without notice is heard by the court.

 

        9. Rule 56A.18(2) is repealed and the following substituted:

             (2)  When the court makes an order without notice, the court shall set a return date within 7 days of making the order and the applicant shall serve notice of that date and the documents submitted under rule 56A.17(2)(b) on all parties and persons affected by or interested in the order.

 

      10. Rules 56A.20(5) and (6) are amended by renumbering them as rules 56A.20(4) and (5) respectively.

 

      11. Rule 56A.21 is repealed and the following substituted:

How case management works

How case management works

56A.21.  (1) After a family law proceeding is started, other than a protective intervention or an interim or interlocutory application, the registrar shall schedule a case management meeting to be heard before a judge and the person starting the application shall serve the application on the other parties with a Notice of Case Management in Form 56A.21A.

             (2)  After the first case management meeting a party to the family law proceeding may obtain a date for a case management meeting from the registrar and the person requesting the meeting shall serve the other parties with a Notice of Case Management in Form 56A.21A at least 5 days prior to the date scheduled for the meeting.

             (3)  All parties and counsel shall attend case management meetings, unless a judge has permitted a party or counsel to attend by teleconference or excused a party or counsel from attending.

             (4)  At a case management meeting the judge, counsel and the parties shall

             (a)  explore the chances of settling the case;

             (b)  identify the issues that are in dispute and those that are not in dispute;

             (c)  explore ways to resolve the issues that are in dispute;

             (d)  ensure that relevant evidence is disclosed;

             (e)  note that 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)  discuss whether a settlement conference is appropriate.

             (5)  At a case management meeting the judge may

             (a)  make an order for document disclosure;

             (b)  make an order for an appraisal of the value of property;

             (c)  set the times for events in the case or give directions for the next step including follow-up case management meetings;

             (d)  refer any issue for alternate dispute resolution;

             (e)  direct an interview of a child;

              (f)  order psychiatric and 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;

             (q)  order that examination for discovery be held under rule 56A.35(4); and

              (r)  make an order that will promote a fair and expeditious resolution of the case.

             (6)  Where an issue in a family law proceeding has been referred by the court to a mediator or other person for alternate dispute resolution, 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 other persons including lawyers that he or she thinks may be helpful in resolving the dispute.

             (7)  The 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.

             (8)  Where the court orders that a home assessment be conducted, the assessor shall prepare and deliver to the court, a report which includes, 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 other matter referred by a judge.

 

      12. Rule 56A.24 is repealed and the following substituted:

Applying for judgment in an uncontested family law proceeding

Applying for judgment in an uncontested 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 that the evidence and information 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.

             (4)  If the judge does not order the presentation of oral evidence, the judge may

             (a)  grant a judgment without anyone appearing; or

             (b)  direct that a party or the lawyer for a party appear.

             (5)  If an applicant wishes the court to make a decision on 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 decided on the basis of affidavit evidence;

             (b)  evidence to satisfy the court that the respondent was served with the originating application in accordance with the rules for service;

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

                      (i)  stating detailed reasons on why the applicant is entitled to make the claim and evidence to support the claim,

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

                    (iii)  where costs are claimed, a detailed breakdown of the amount claimed and the reason why they are claimed, and

                    (iv)  with those parts of the affidavit that do not apply to the application and the requested order struck through and initialled; and

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

             (6)  Where a claim is made for a specific 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 contest the amount claimed, the court may treat the respondent as if he or she accepts the appropriateness of the amount claimed.

             (7)  The court may order a party to pay the costs of an application for judgment in an uncontested family law proceeding to another party.

             (8)  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.

             (9)  Where a judgment or order is made in an uncontested family law proceeding under this rule, the party obtaining the judgment or order shall mail a copy of it to the other parties.

 

      13. Rule 56A.25(3) is repealed and the following substituted:

             (3)  Unless the court orders otherwise, an application for a judgment or order to be made by consent shall be accompanied by

             (a)  the written 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 in Form 56A.25A.

 

      14. Rule 56A.27 is repealed and the following substituted:

What forms to use

What forms to use

56A.27.  For the purposes of this Part

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

             (b)  a property statement shall be in Form 56A.27C.

 

      15. Rule 56A.28(2) is repealed and the following substituted:

             (2)  Where an agreement in Form 56A.28A is filed with the court and affidavits of execution in Form 56A.25A signed by the parties are attached to that agreement, the court may make an order for the payment of child support provided for in the agreement without the parties appearing before the court.

 

      16. Rule 56A.30(1) is repealed and the following substituted:

Spousal, partner or parental support

Spousal, partner or parental support

56A.30.  (1) A party to a claim for spousal, partner or parental support shall file and serve a financial statement unless

             (a)  the parties have agreed on the relief to be granted; and

             (b)  the parties have filed a waiver in Form 56A.30A.

 

      17. Rule 56A.31(1) is amended by striking out the words "property statements" where they first occur and substituting the words "a property statement in Form 56A.27C".

 

      18. (1) Rule 56A.35(1) is amended by striking out the words and commas "once without leave, and at any other time with leave of the Court,".

             (2)  Rule 56A.35(4) is repealed and the following substituted:

             (4)  Rules 30 (Examination for Discovery) and 32 (Discovery and Inspection of Documents), except rule 32.07(2) as modified by rule 56A.40, do not apply to a family law proceeding unless the court otherwise orders.

 

      19. (1) Rule 56A.36(1) is repealed and the following substituted:

How to require disclosure of other information

56A.36. (1) In a family law proceeding where financial or property statements are required, a party may

             (a)  prior to the setting of a date for trial, file and serve a notice to reply to written questions in Form 56A.36A; and

             (b)  after the setting of a date for trial, with leave of the court file and serve a notice to reply to written questions in Form 56A.36A.

             (2)  Rule 56A.36(3) is amended by striking out the period at the end of paragraph (b) and substituting a comma, and adding immediately after that paragraph the following:

and the court may make an order that a party does not have to answer a question.

 

      20. Rule 56A.39(2) is repealed and the following substituted:

             (2)  Where (1) applies, the new financial statement or property statement or the affidavit 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,

unless the court orders otherwise.

 

      21. Rule 56A.40(2) is amended by striking out the words "Where the Court makes a determination of undue hardship" and substituting "Where there is a claim for undue hardship by either party".

 

      22. Rule 56A.41(e) is amended by striking out the reference to "rule 56A.34" and substituting a reference to "rule 56A.38".

 

      23. Rule 56A.42 is amended by adding immediately after subsection (4) the following:

          (4.1)  Where a certificate of marriage or of registration of marriage is in a language other than English or French, the applicant shall file with the originating application a translation of that certificate, certified as a true and correct translation.

 

      24. (1) Rule 56A.44(1)(a) is amended by striking out subparagraph (xv) and substituting the following:

                   (xv)  any other information necessary for the court to grant the divorce,

and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled.

             (2)  Rule 56A.44(1)(g) is repealed and the following substituted:

             (g)  2 envelopes, approximately 19 centimetres by 26.5 centimetres,

                      (i)  one of which is addressed to the respondent at the address given in the affidavit of service of the application, or any other address that may satisfy the court that a copy of the judgment will reach the respondent, unless ordered otherwise, and

                     (ii)  one of which is addressed to the applicant at the address for service provided by the applicant.

             (3)  Rule 56A.44(3) is repealed and the following substituted:

             (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 or by oral evidence;

             (b)  an affidavit of the respondent which shall be in Form 56A.24C with any necessary modifications and which shall also comply with the requirements of (1)(a);

             (c)  any other affidavits or supporting materials that may be required in the proceeding; and

             (d)  the documents and materials required under (1)(d) to (g).

 

      25. Rule 56A.47(3) is repealed and the following substituted:

             (3)  Where a divorce judgment is granted, the registrar shall mail a copy of the judgment in Form 56A.46A to each of the parties.

 

      26. (1) Rule 56A.52 is amended by striking out the words "An affidavit supporting an application for variation" and substituting the words "An application for variation in Form 56A.06B".

             (2)  Rule 56A.52(b) is repealed and the following substituted:

             (b)  the names and birth dates of every child of each of the parties in the custody or care of either of them, in respect of whom relief is sought;

 

      27. Rules 56A.53(2) and (3) are repealed and the following substituted:

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

             (3)  For the purposes of this rule, a person applying for variation does not have to attach a document that has been previously filed with the court if the application identifies the document, states that the document is in the court file and specifies either the date of the order or the filing date of the document.

 

      28. Rule 56A.58 is repealed and the following substituted:

Documents required in claim for child support

Documents required in claim for child support

56A.58.  (1) 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.

             (2)  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.58A for disclosure of the party's income tax returns and notices of assessment, is attached; or

             (d)  the party declares that he or she is not required to file an income tax return by reason of the Indian Act (Canada).

             (3)  The party claiming child support or variation of child support shall include the following in the application 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; and

             (d)  whether special or extraordinary expenses are sought, the child to whom the expense relates and the particulars of the expense and amount claimed.

             (4)  If the party opposing the claim asserts a claim listed in paragraph (3)(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 in this rule for serving and filing a response to the claim.

             (5)  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 or another amount ordered by the court or agreed to between the parties;

             (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.

 

      29. Rule 56A.59(b) is repealed and the following substituted:

             (b)  evidence that there has been no collusion or connivance between the parties,

and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled.

 

      30. Rule 56A.60(f) is repealed and the following substituted:

              (f)  the existence of any written agreement, deed, will, or previous court order applicable to the order sought, with a copy attached,

and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled.

 

      31. Rule 56A.61(d) is repealed and the following substituted:

             (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,

and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled.

 

      32. Rule 56A is amended by striking out the Division IX heading "Reciprocal Support Orders" and substituting the following:

Division IX
Provisional Support Orders - Divorce Act

 

      33. Rule 56A.63 is repealed and the following substituted:

Division definitions

Division definitions

56A.63.  In this Division

             (a)  "applicant" means a former spouse who makes an application for variation under section 18 of the Divorce Act (Canada);

             (b)  "minister" means the Attorney General; and

             (c)  "provisional order" means a provisional order for variation made under the Divorce Act (Canada).

 

      34. Rules 56A.64, 56A.65, 56A.66 and 56A.67 are repealed and the following substituted:

Application for provisional variation order

Application for provisional variation order

56A.64.  (1) An applicant who wishes to commence an application for a provisional order shall do so by filing the documents required by these rules for seeking a variation order.

             (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; and

             (c)  3 certified copies of the provisional order.

             (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 hearing in Form 56A.64A; 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.

Confirmation of provisional variation order

Confirmation of provisional variation order

56A.65.  (1) On receipt of a provisional order for confirmation in the province, the registrar shall serve on the person against whom the order has been made

             (a)  a notice of hearing in Form 56A.64A;

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

             (c)  an uncompleted financial statement in Form 56A.27A.

             (2)  The court may make an interim order for support where the matter is remitted to the court outside the province that made the provisional order for further evidence.

             (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 hearing in Form 56A.64A; 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 for child support, including an interim order, shall be in accordance with the guidelines.

             (5)  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.

             (6)  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.

             (7)  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 IX.1
Interjurisdictional Support Orders

Division definitions

Division definitions

56A.66.  In this Division

             (a)  "Act" means the Interjurisdictional Support Orders Act;

             (b)  "designated authority" means the designated authority as defined in the Act;

             (c)  "former Act" means the Reciprocal Enforcement of Support Orders Act;

             (d)  "former rules" means rules 56A.63 to 56A.67 as they read prior to this rule coming into force;

             (e)  "provisional order" means a provisional order and a provisional order of variation as defined in the Act; and

              (f)  "reciprocating jurisdiction" means a reciprocating jurisdiction as defined in the Act.

Receipt of documents from reciprocating jurisdiction

Receipt of documents from reciprocating jurisdiction

56A.67.  (1) On receipt of a provisional order for confirmation, a support application or support variation application from a reciprocating jurisdiction, the designated authority in the province shall serve on the other party

             (a)  a notice of hearing in Form 56A.64A; and

             (b)  a copy of the documents received from the applicant.

             (2)  The court shall hear any application in the manner prescribed by the Act, including an interim order.

             (3)  On completion of the hearing, the registrar shall forward a certified copy of any order made together with the documents required under the Act to the designated authority in the province.

             (4)  Where the Act provides that a matter shall be dealt with under the former Act, the former rules shall be applied as if they had not been repealed.

 

      35. Forms 56A.06A to 56A.67C are repealed and the forms in the Schedule are substituted.

 

      36. Rule 56B.01 is repealed and the following substituted:

Application

Application

56B.01.  (1) Unless otherwise provided in the Unified Family Court Act or in this rule, the Rules of the Supreme Court, 1986, including Rule 56A, shall apply, with the necessary changes to the practice and procedure in the Unified Family Court.

             (2)  In accordance with the Adoption Act the Unified Family court shall exercise its authority over matters involving the adoption of children.

             (3)  The parties to an adoption proceeding shall file with the Unified Family Court all documents established by the minister under the Adoption Act.

             (4)  Unless otherwise provided in the Adoption Act, the Rules of the Supreme Court, 1986, including Rule 56A (Family Law), may be applied by the Unified Family Court to adoption proceedings with the necessary changes.

 

      37. Rule 56C.03 is amended by adding immediately after subsection (8) the following:

             (9)  Where Family Justice Services project staff are unsuccessful in assisting the parties to reach agreement on all or any of the issues raised by the pleadings, the registrar shall schedule a case management meeting to deal with the unresolved matters at the earliest available case management date and rule 56A.21 applies.

Commencement

      38. These rules shall come into force on December 1, 2003.


Schedule

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:

Q

Divorce

Q

Spousal Support

Q

Costs

Q

Child Support

Q

Parental Support

Q

Other (specify) _______
(attach details to this application)

Q

Custody

Q

Partner Support

 

Q

Access

Q

Division of Matrimonial Property

 

 

Q

Claim for Property made by common law spouses

Where claim includes divorce

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

Q

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,

 

Q

committed adultery, (provide details of where and when) _______________________________

 

 

or

 

Q

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

 

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 application.

        6. Particulars of my marriage:

             (a)  Date of marriage  ______________.

             (b)  Place of marriage  ______________.

             (c)  Date I ceased cohabiting with my spouse  ______________.

             (d)  Immediately prior to the marriage I was:

Q

Single

Q

Divorced

Q

Widowed

                   My spouse was:

Q

Single

Q

Divorced

Q

Widowed

        7. (Where no certificate of marriage or of registration of marriage has been filed.)  It is impossible or impractical to obtain a certificate of marriage or of registration of marriage.

To be completed for all claims other than divorce

 

a)

That the parties were married on __________ and separated __________; and

 

 

Q

an originating application for divorce has been commenced in the Supreme Court at (place) __________ (province) __________ but has not yet been heard;

 

 

or

 

 

Q

an originating application for divorce has not been commenced.

 

 

or

 

b)

That the parties were divorced on __________ in the __________ Court at (place) __________ (province) __________.

 

 

or

 

c)

That the parties were never married but lived together from __________ to __________.

 

 

or

 

d)

That the parties were never married and never lived together but were in a relationship that began __________ and ended __________.

 

 

or

 

e)

Other (provide details) _________.

To be completed for all claims (if applicable):

        8.

 

Applicant

Respondent

Surname at birth

 

 

Place of Birth

 

 

Date of Birth

 

 

Present Address
(include postal code)

 

 

Phone Number

 

 

        9. (a) Children:

Child=S Full Name

Place & 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: ___________________________________________
________________________________________________
________________________________________________
________________________________________________

      10. Listed below are all written agreements and court orders affecting the child/ren, me, or my spouse ____________________________
_________________________________________________________

      11. Child Support:

9

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

 

(If any of the following apply, you shall file a
Financial Statement in Form 56A.27A)

9

I am claiming the basic table amount plus an amount for special expenses. (complete Schedule "A" attached)

9

I am not claiming the basic table amount but I am claiming an amount for special expenses. (complete Schedule "A" attached

9

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

 

9

a)

Of a claim for undue hardship. (complete Schedule "B" attached)

 

9

b)

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

 

9

c)

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

 

9

d)

We have agreed to an amount of support.

 

9

e)

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

 

9

f)

Income is in excess of $150,000.00 annually.

      12. Spousal, Partner Or Parental Support

9

I am not claiming spousal, partner or parental support.

9

I am claiming spousal, partner or parental support.  I am attaching a Financial Statement in Form 56A.27A.  My reasons for claiming spousal, partner or parental support are _____________________________.

      13. Property

(a)

I am claiming

 

Q

Exclusive possession of the matrimonial home

 

Q

Division of property

 

 

Q

Equal (skip paragraph 13(b)

 

 

 

            or

 

 

Q

Unequal (complete paragraph 13(b) below)

 

Q

Other ___________ (complete paragraph 13(b) below)

 

Q

Property of my common law spouse (complete paragraph 13(b) below)

(b)

The reasons for my claim are __________.

I/We, ______________, the Applicant (Co-Applicants), declare the contents of the within originating application are true to the best of my information and belief.

SWORN TO OR AFFIRMED at __________ in the Province of Newfoundland and Labrador this _______ day of __________, 20_____.

Commissioner of Oaths/Justice of the Peace

Signature of Applicant(s)
Name/Address of Applicant
=s Solicitor
(if applicable)

If this document is personally served, it must be personally served upon the Respondent by an adult other than the Applicant.

To be completed where claim includes divorce and Applicant(s) is/are represented by a solicitor

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 __________, 20__.

 

Signature of Solicitor
Address of Solicitor

Filed at _________, Province of Newfoundland and Labrador this __________ day of __________, 20 ____.

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

Schedule "A"

Claim for Special/Extraordinary Expenses:

Under the Federal or Provincial Child Support Guidelines, a claim is made for additional support to defray the following special expenses: [check appropriate items]


1.

Q

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

 

 

Monthly $__________

Yearly $ __________

2.

Q

A portion of medical and dental insurance premiums:

 

 

Monthly $__________

Yearly $ __________

3.

Q

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.

Q

Extraordinary expenses for primary or secondary school education or for educational programs that meet the child=s particular needs:

 

 

Monthly $__________

Yearly $ __________

5.

Q

Post-secondary education expenses:

 

 

Monthly $__________

Yearly $ __________

6.

Q

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.

Schedule "B"

Claim based on undue hardship

Under the Federal or Provincial 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.

Q

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.

Q

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

 

 

 

Amount $ __________

3.

Q

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

 

 

 

Amount $ __________

4.

Q

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

 

 

9

under the age of majority:

 

 

 

or

 

 

9

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

 

 

 

Amount $ __________

5.

Q

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.  ____________
Central Divorce Registry No. ____________ (if applicable)

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 Response at the Court within the following times:

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

If served outside of Canada or the United States, within 60 days from the date of service.

If you do not file a Response, the Court may proceed without giving you further notice.  You shall file a financial statement in Form 56A.27A if spousal, partner or parental support is claimed.

If the application relates to child support, you must also file with the Court and serve on the Applicant each of the following within the time set out above:

written statement from your employer confirming your year to date earnings, including overtime 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 Canada Customs and Revenue Agency with respect to each of the last 3 years tax returns.  You may contact Canada Customs and Revenue Agency 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 Section 21(1) of the Federal Child Support Guidelines. For more information relating to child support, consult the Federal or Provincial Child Support Guidelines.

The financial information outlined above and a financial statement in Form 56A.27A must be provided as well if there is a claim for Special/Extraordinary 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 __________, 20____.

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


Form 56A.06B

(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 for Variation

To this Honourable Court:

        1. I/We hereby seek an change an existing order for the following:

Q

custody

Q

spousal support order

Q

access order

Q

partner support order

Q

child support order

Q

parental support order

Q

other ________________________________

made by Justice (name of judge) ___________ at the (name of court) __________ at (place of court) __________ in the Province of __________ on the __________ day of _________, ____.

        2. Q I also request costs of this Application.

        3.

 

Applicant

Respondent

Marital Status

 

 

Address

 

 

City/Town

 

 

Province

 

 

Postal Code

 

 

Telephone Number

 

 

        4.

Child=S Full Name

Date Of Birth

Child Resides With

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

        5. The present parenting (custody and access) arrangements are:
_________________________________________________________
_________________________________________________________
_________________________________________________________

       .6. I request the following change(s) to the present (custody and access) arrangements: _______________________________________
_________________________________________________________
_________________________________________________________

        7. The present arrangements for the support of the child(ren) is/are: _________________________________________________________
_________________________________________________________
_________________________________________________________

        8. I request the following change(s) to the present child support order: _________________________________________________________
_________________________________________________________
_________________________________________________________

        9. The present arrangements for spousal, parent or partner support is: _________________________________________________________
_________________________________________________________
_________________________________________________________

      10. I request the following change to the spousal, parent or partner support order: _________________________________________________________
_________________________________________________________
_________________________________________________________

      11. The amount of arrears owing under the present Support Order is: $__________.

      12. The reason(s) that such a variation should be made is/are: _________________________________________________________
_________________________________________________________
_________________________________________________________

I, __________, the Applicant, declare the contents of the within Originating Application for Variation are true to the best of my information and belief.

SWORN TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

A Commissioner of Oaths/Justice of the Peace

Signature of Applicant

Name/Address of Applicant=s Solicitor
(if applicable)

ATTACH (in addition to the requirements under Rule 56A):

              1)  if existing custody, access or support order granted by another court, a certified copy of the existing order;

              2)  a copy of any agreement between the parties dealing with custody, access or support.

              3)  Schedule AA@ if claiming special expenses for child

              4)  Schedule AB@ if claiming undue hardship.

Filed at __________, Newfoundland and Labrador this _________ day of _________, 20_____.

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

Schedule "A"

Claim for Special/Extraordinary Expenses:

Under the Federal or Provincial Child Support Guidelines, a claim is made for additional support to defray the following special expenses: [check appropriate items]

 


1.

Q

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

 

 

Monthly $__________

Yearly $ __________

2.

Q

A portion of medical and dental insurance premiums:

 

 

Monthly $__________

Yearly $ __________

3.

Q

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.

Q

Extraordinary expenses for primary or secondary school education or for educational programs that meet the child=s particular needs:

 

 

Monthly $__________

Yearly $ __________


5.

Q

Post-secondary education expenses:

 

 

Monthly $__________

Yearly $ __________


6.

Q

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.

Schedule "B"

Claim based on undue hardship

Under the Federal or Provincial 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.

Q

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.

Q

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

 

 

 

Amount $ __________

3.

Q

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

 

 

 

Amount $ __________

4.

Q

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

 

 

9

under the age of majority:

 

 

 

or

 

 

9

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

 

 

 

Amount $ __________

5.

Q

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.  ____________
Central Divorce Registry No. ____________ (if applicable)

BETWEEN:  ____________ APPLICANT

                      AND:  ____________ RESPONDENT

Notice To Respondent

An Originating Application for variation has been made.  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 Response at the Court within the following times:

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

If served outside of Canada or the United States, within 60 days from the date of service.

If you do not file a Response, the Court may proceed without giving you further notice.  You must file a financial statement in Form 56A.27A if spousal, partner or parental support is claimed.

If the application relates to child support, you must also file with the Court and serve on the Applicant each of the following within the time set out above:

written statement from your employer confirming your year to date earnings, including overtime 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 Canada Customs and Revenue Agency with respect to each of the last 3 years tax returns.  You may contact Canada Customs and Revenue Agency 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 Section 21(1) of the Federal Child Support Guidelines. For more information relating to child support, consult the Federal or Provincial Child Support Guidelines.

The financial information outlined above and a financial statement in Form 56A.27A must be provided as well if there is a claim for Special/Extraordinary Expenses or Undue Hardship.

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

DATED at _________, this _________ day of __________, 20__.

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


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. 9       I do not contest any of the claims made by the Applicant.

OR

         2. (a)  I agree to the following claims made by the Applicant: ____
________________________________________________
________________________________________________
_____________________________________________; and

             (b)  I disagree with the following claim(s)/allegations made by the Applicant (specify): _____________________________
________________________________________________
________________________________________________
________________________________________________

        3. I am making the following claim(s) (specify your claim including reasons): ______________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

I, __________ the Respondent, declare the contents of the within Response are true to the best of my information and belief.

SWORN TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

Signature of Respondent
Name/address of Respondent/Respondent
=s Solicitor:


Form 56A.13A

(rule 56A.13)

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

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 __________, 20__.

(Respondent or Respondent=s lawyer)                     

This document was delivered to (name) __________ at ___________ in the Province of Newfoundland and Labrador this __________ day of __________, 20_____.


Form 56A.14A

(rule 56A.14)

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

Reply

        1. I admit the statement(s) contained in paragraph(s) __________ of the Response.

        2. I deny the statement(s) contained in paragraph(s) ___________ of the Response for the following reason(s): _____________________
_________________________________________________________
________________________________________________________

I, ___________, the Applicant, declare the contents of the within Reply are true to the best of my information and belief.

SWORN TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

Commissioner of Oaths/Justice of the Peace
Signature (Applicant)

This document was delivered to (name) ________ at __________ the Province of Newfoundland and Labrador this __________ day of ___________, 20_____.


Form 56A.15A

(rule 56A.15)

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

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.

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

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/Interlocutory 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 __________ o=clock in the __________ noon on the __________ day of ___________, 20_____ 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 grounds set out in the Affidavit(s) attached.

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, 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 two (2) days 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.

(Where spousal, partner or parental support is sought) AND FURTHER TAKE NOTICE that whether or not you oppose this application, you must file a Financial Statement in Form 56A.27A at least two days before the date set for hearing the application.

(Where child support is sought) AND FURTHER TAKE NOTICE that whether or not you oppose this application, you must file the income information as required by the Federal/Provincial Child Support Guidelines including:

a written statement from your employer confirming your year to date earnings, including overtime and rate of annual pay;

copies of your tax return for the last 3 years

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

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 __________, 20__.

(Signature)

To: (Address for service on Applicant/Applicant=s lawyer)

Attach Affidavit in Support of this Interim Application

Filed at __________, Newfoundland and Labrador this __________day of _________, 20_____.

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

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

Affidavit in Support of Interim/Interlocutory Application

I, __________, make oath (or affirm) and say as follows:

        1. That I am the Applicant in the within matter and have personal knowledge of the matters referred to herein except where otherwise specified.

(set out the reasons that you are making the application)

        2.

        3.

        4.

        5.

        6. That I make this application in support of my Interim/Interlocutory Application for an order that __________________
_________________________________________________________
_________________________________________________________
_________________________________________________________.

SWORN TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

Commissioner of Oaths/Justice of the Peace

Signature


Form 56A.21A

(rule 56A.21)

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

Notice of Case Management Meeting

You are hereby notified that you and your lawyer (if you have one) must appear at a Case Management Meeting in this proceeding at the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court at __________ on the __________ day of __________, 20_____ at __________ a.m./p.m.

Issue(s) for case management meeting (not necessary for first case management meeting):  ______________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

If you fail to appear at the date and time specified, a judge may proceed in your absence to make any order permitted by Rule 56A.21(3) of the Rules of the Supreme Court including making any unopposed order, including a divorce order or an order as to costs.

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

Registrar/Solicitor
Address of solicitor for party requesting case management:

This document was delivered to (name) __________ at __________ in the Province of Newfoundland and Labrador this __________ day of __________, 20______.


Form 56A.24A

(rule 56A.24)

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

Notice of Application for Judgment
(Uncontested Family Law Proceedings)

To The Respondent (or the Applicant):

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 ____________, 20_____, at _______ o=clock 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 __________, 20__.

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

Address of party/party=s lawyer:

This document was delivered to (name) ____________ at __________ in the Province of Newfoundland and Labrador this ____________ day of ____________, 20_____.

(Proof of Service attached)


Form 56A.24B

(rule 56A.24)

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

Application for Judgment
(Uncontested Family Law Proceeding)

(Indicate all parts that apply to your claim and the order sought)

To the Registrar

        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 which are relevant to my claim(s) are attached to the Application or 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

      _____  Financial Statements _____ Applicant _____ Respondent

      _____  Property Statements _____ Applicant _____ Respondent

      _____  Waiver of Financial and Property Statements

      _____  Central Divorce Registry notification

      _____  Separation or financial or custody agreement

      _____  Previous court order(s)

      _____  Undertaking that no appeal from judgment will be taken

      _____  Affidavit of Respondent admitting adultery, or

      _____  Certified Transcript of the examination for discovery of the Respondent

      _____  Draft Judgment

      _____  Draft child support order

      _____  Addressed envelopes1 to Respondent 1 to Applicant

      _____  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 Respondent=s lawyer (other than in a divorce proceeding).  See acceptance of service in writing on a copy of the petition.

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

        5. Notice of Default was filed on (date) __________.

Or

The Respondent filed a response but the response was withdrawn (or struck out) on __________

Or

The Respondent has filed a response and is not contesting the claim(s) made.

Or

The Respondent has consented to this application and has endorsed 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.)

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

(Signature)

Filed at _________, Newfoundland and Labrador this _________ day of __________, 20_____.

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


Form 56A.24C

(rule 56A.24)

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

Affidavit of Applicant
(Uncontested Family Law Proceeding)

(Strike out all parts that do not apply to your claim(s) and the order(s) sought)

I, (name) _________, of _________, in the Province 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 not otherwise referred to in this affidavit):

        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 not otherwise referred to in this affidavit)]

        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)not otherwise referred to in this affidavit]

RECONCILIATION

        5. The following efforts to reconcile have been made:

I resumed cohabitation with the respondent on or about the ___ day of ________, 20___, for the purpose of achieving a reconciliation, and continued cohabitation for that purpose until on or about the ____ day of ____________, 20___, but a reconciliation was not achieved;

and/or

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

MARRIAGE BREAKDOWN

        7. 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 __________, 20____, 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 other affidavits filed in this proceeding).  I separated from the Respondent on or about the ______ day of __________________, 20____, 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) 

I separated from the Respondent on or about the _____ day of __________, 20___, and I have lived separate and apart from the Respondent since that date.

COLLUSION, CONDONATION AND CONNIVANCE

        8. 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.

        9. (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 - CUSTODY AND/OR ACCESS

      10. 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:

      11. The children in respect of whom custody and/or access is claimed are:

and/or

I am not claiming custody and/or access in respect of the following children because:

      12. 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)

      13. An order giving me (or the Respondent) custody (or joint custody) of the children is in the best interests of the children because:

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

CHILDREN - CHILD SUPPORT

      15. I seek support for the following children __________ in the amount of $__________ per month to commence __________.

      16. The present 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)

      17. (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:

The income information of the Respondent required by the Federal or Provincial Child Support Guidelines is attached as exhibit A____@.

SPOUSAL SUPPORT

      18. I do not seek a support order for myself.

or

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

      19. My present conditions, means, needs and other circumstances are as follows:

PROCEEDINGS AND AGREEMENTS

      20. Any written or oral separation or financial or custody agreements or court orders between myself and the respondent are attached hereto or are in the court file.

The agreement(s)/order(s) pertains to:

               9  custody of the children

               9  access to the children

               9  child support

               9  spousal support

               Q  parental support

               9  division of matrimonial property

               Q  property claim by common law spouse

               9  other (specify) ________________________________
____________________________________________

A copy of the agreement(s)/order(s) is attached as exhibit A____@. (Attach where it is not yet filed and 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.

      21. No other legal proceedings have been instituted between myself and the Respondent with reference to the marriage, cohabitation, custody, support or division of matrimonial property except:

FINANCIAL INFORMATION

      22. My current occupation is: __________

             My current 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.)

      23. The Respondent=s current occupation is: __________

             The Respondent=s current place of employment is: __________

             The Respondent=s 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:

PROPERTY

      24. 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 [a Domestic Agreement, a copy of which is attached to this affidavit as exhibit A____@].  I am seeking an order incorporating this division of property.

JUDGMENT

      25. The present address of the Respondent where service of the judgment may be made is:

and

      26. The basis of my information and belief as to the address of the Respondent is as follows:

or

      27. Service of the judgment on the Respondent should be dispensed with for the following reasons:

      28. (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

      29. An undertaking by myself and the respondent that no appeal from the judgment will be taken is attached as exhibit A_____@.

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

      31. Costs are claimed in the amount of $__________ for the following reasons:

SWORN TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

Commissioner of Oaths/Justice of the Peace

Signature


Form 56A.25A

(rule 56A.25)

Affidavit Of Execution

I __________ of __________ in the Province of Newfoundland and Labrador make oath (or affirm) and say that on the __________ day of __________, 20_____, I was present and did see __________ sign his/her name to the Order/Agreement attached.

SWORN TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

Commissioner of Oaths/Justice of the Peace

Signature


Form 56A.27A

(rule 56A.27)

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

Financial Statement

I, __________, of (address) __________, (city) __________, (province) ________, (postal code) _________ (telephone) _________ 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 the date of this Statement.

 

       2.

Q

I do not anticipate any significant changes in the information set out in this Financial Statement

 

Q

I anticipate the following changes in the information set out in this Financial Statement: (state the changes)

        3. Attached are the following:

Q

A.

Employment Information & Disclosure

Q

B.

Income Statement

Q

C.

Expense Statement

Q

D.

Adjustments to Annual Income for Child Support Purposes

Q

E.

Special or Extraordinary Expenses

Q

F.

Undue Hardship

Q

G.

Income of Other Persons in Household

SWORN TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

Commissioner of Oaths/Justice of the Peace

Signature

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

A - Employment Information & Disclosure

        1. I am

Q

employed as (occupation)

Q

by (name and address of employer

Q

paid

 

Q

every two weeks

 

Q

monthly

Q

other (specify)

Q

self-employed, carrying on business, professional practice or farming (name and address of business, practice, farm)

Q

unemployed (date of last employment and last occupation)

Q

a shareholder, director, or officer of a corporation, in which I have an interest (name and address of corporation)

Q

a beneficiary under a trust (state trust settlement agreement)

Q

a Registered Indian under the provisions of the Indian Act, RSN 1985, chap. 1-5, I am exempt from payment of taxes to the Canada Customs and Revenue Agency, and my gross income in the last three years is

 

Year _____

$__________

 

Year _____

$__________

 

Year _____

$__________

        2. I have attached to or served with this form:

Q

a copy of every 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 reassessment issued to me for each of those years

Q

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

Q

a Canada Customs and Revenue Agency Consent in form signed by me for the disclosure of my tax returns and assessments for the last 3 years.

 

 

 

 

B - Annual Income*

 

 

 

Annual

1.

Employment Income

 

 

2.

Commissions

 

 

3.

Other employment benefits (including taxable and non-taxable benefits)(specify)

 

 

4.

Pension income

 

 

5.

RRSP, RIF income

 

 

6.

EI benefits

 

 

7.

Interest, investment income

 

 

8.

Taxable dividends from taxable Canadian Corporations

 

 

9.

Taxable capital gains

 

 

10.

Partnership income

Gross $

$_________              Net

11.

Rental income

Gross $

$                 Net

12.

Child support received

Total $

$          Taxable

13.

Spousal Support received

 

 

14.

Workers Compensation

 

 

15.

Income support

 

 

16.

Net federal supplements

 

 

17.

Self-employment income

 

 

 

Business

Gross $

$                 Net

 

Professional

Gross $

$                 Net

 

Commission

Gross $

$                 Net

 

Farming

Gross $

$                 Net

18.

Other income (specify)

Gross $

$                 Net

Total Annual Income

 

 

* Complete this form

        1. if a claim for child support is made and the amount claimed differs from the table amount there is, or a claim is made for, a shared or split parenting arrangement there is a claim for special/extraordinary expenses there is a claim for undue hardship the payor=s annual income is more than $150,000.00 a child is 18 years of age or order there is a claim against you for child support

        2. If a claim for spousal, partner or parental support is claimed.

C- Monthly Expenses*

Deductions from Employment

Personal

Health

CPP

Hair care, toiletries

Medical, dental premiums(not deducted at source)

EI premiums

Clothing, footwear

Health care (therapy)

Pension

Entertainment

Drugs, prescriptions

Insurance

Alcohol/Tobacco

Dental care (ie. orthodontics)

Income tax

Vacation

Optical care

 

School fees, etc.

 

Housing

Other (specify)

Savings for Future

Rent/Mortgage

 

RRSP

Insurance

Children

RESP

Condo fees

School fees, supplies

Other (specify)

Property taxes

School activities

 

Water, sewer

Clothing, footwear

Other

Repairs/maintenance

Daycare, sitter

Support paid in this case

Heat, Fuel

Allowances, gifts

Support paid in any other case

Electricity

Other (specify)

Banking, legal, accounting

Telephone

 

Church, charitable donations

Cable

Transportation

Life insurance premiums

Internet

Car payment

Newspapers, publications

Other (specify)

Insurance

Debts (other than mortgage) (specify)

 

Licenses

Other (specify)

Household expenses

Public transit, taxis

 

Groceries, household supplies

Gas, oil $

 

Meals outside home

Maintenance

 

Dry cleaning, laundry

Parking

 

Furnishings

Other (specify)

 

Repairs, maintenance

 

 

Other (specify)

 

Total Monthly
Expenses

* Do not complete this form if the only support claimed is the basic table amount of child support.

D - Adjustments to Annual Income for Child Support Purposes
(basic child support and special expenses)

        1. Annual Income to Determine Basic Child Support

             A.  Total Annual Income (from Section B of this Form) $__________

              B.  Replacements in income

 

Annual

Replace taxable amount of dividends from Canadian corporations with the actual amount of dividends.  Insert net amount added to Income

$

Replace taxable capital gains with the actual amount of capital gains realized in excess of the actual capital losses.  Insert net amount added to income

 

 

 

Adjusted Income (Total Annual Income plus replacements)

 

              C.  Deductions from income

 

Annual

Union, professional, association or like dues

$

Other employment expenses (specify)

 

Taxable amount of child support received

 

Spousal support received from the other party

 

Income support received for other members of the family

 

Actual amount of business investment losses

 

Carrying charges, interest expenses deductible per the Income Tax Act

 

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

 

Portion of partnership or sole proprietorship properly required for capitalization

 

Total Deductions to Adjusted Income

 

              D.  Additions to income:

 

Annual

Payments to non-arms length persons

$

Allowable capital cost allowance with respect to real property

 

Value of exercised stock options in Canadian controlled private corporations

 

Total Additions to Adjusted Income

 

Total Adjusted Annual Income for Child Support (Basic) $__________

E - Special or Extraordinary Expenses

        2. 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 or Provincial 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 child=s particular needs;

              [ ]  expenses for post-secondary education;

              [ ]  extraordinary expenses for extracurricular activities.

        3. State the child=s name that each expense relates to, the details of each type of expense you are claiming, and the total annual amount of each expense.

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

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

Child=s Name

Details of
Expense

Total Amount

Contributions/
Reimbursements

 

 

 

 

 

 

 

 

              [ ]  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)

 

F- Undue Hardship

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

        7. Refer to Section 10 of the Federal or Provincial Child Support Guidelines.  (Indicate which of the following you are claiming.)

             [  ]  Responsibility for unusually high level of debts reasonably incurred to support the family prior to 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:

        8. 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

 

 

G - Income of Other Persons in Household

        9. 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
person
=s name

Occupation or
source of
income

Annual
income*

Taxes
paid

 

 

 

 

 

 

 

 

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

You must also file current income tax returns, Notices of Assessment and proof of year to date earnings for every income-earner in the household.


Form 56A.27C

(rule 56A.27)

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

Property Statement

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 best of my knowledge and belief and sets out all property held by me, in my name or jointly with another person, 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 TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

Commissioner of Oaths/Justice of the Peace

Signature

I. Assets in and Out of Newfoundland and Labrador

I. PROPERTY OWNED

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, ADebts and Liabilities@.

For example, if you were including the matrimonial home, you might insert both spouses names in the first column and AJoint tenancy@ in the second column; in the next column, you might write AMatrimonial home, 123 Main Street@, in the fourth column, A$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: ADebts and Liabilities@.

Owner

Nature & Type
of Ownership

Nature of
property, and
address

Estimated
Total Value

Estimated market
value of the interest

On date of
separation

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.  Do not deduct encumbrances, debts, loans or costs of disposition; these encumbrances and costs should be shown under Part II, ADebts and Liabilities@.

Item

Description

In the
possession of

Estimated market value

On date of
separation

current date

Household goods,
appliances & furniture

 

 

 

 

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

(describe by make,
model, year)

 

 

 

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

 

 

 

 

Other special items

 

 

 

 

2. Total Value of General Household Goodsand 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 separation

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.  EMPLOYMENT BENEFITS (including Severance Pay, Retirement Allowances, Pensions and Retirement Savings Plans, Profit Sharing Plans, Accrued Annual Leave, etc.)

Show the items owned by category.  Indicate the name and address of the institution and other relevant details of the benefit(s).

Owner

Category

Institution

Account Number

Amount

on date of separation

current date

 

 

 

 

 

 

4. Total Value of Employment Benefits

$

 

 


 

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 separation

current date

 

 

 

 

 

 

5. Total Value of Securities

$

 

 

6.  LIFE & DISABILITY INSURANCE

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

Company & Policy No.

Kind of Policy

Owner

Beneficiary

Face Amount

Cash Surrender Value

on date of separation

current date

 

 

 

 

 

 

 

6. Total Cash Surrender Value of Insurance Policies

$

 

 


 

7.  BUSINESS INTERESTS

If there is a claim for division of business assets, 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 separation

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 spouse=s favour, any estate money owed.

Owed To

Details

Amount Owed

on date of separation

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 separation

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.  Include business debts if a claim is being made for division of business assets.  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 separation

current date

 

 

 

 

 

II. Total of Debts and Other Liabilities

$

 

III: PROPERTY EXEMPT FROM DISTRIBUTION

Show the value by category of property reported in this statement that you claim is exempt from distribution pursuant to section 18(c) of the Family Law Act.

Category

Item And Reasons For Exemption

Value on date of
application

 

 

 

IV. Total Value of Exempt Property

$

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.28A

(rule 56A.28)

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

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 shall 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 shall 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 pursuant to section 7 of the Federal or Provincial 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 payor=s share of this expense is $__________ per month.

DATED at __________, Newfoundland and Labrador, this __________ day of __________, 20_____.

Signature of Applicant
or Applicant
=s lawyer

DATED at __________, Newfoundland and Labrador, this __________ day of __________, 20_____.

Signature of Respondent
or Respondent
=s lawyer

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 reassessment, 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)  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 reassessment, 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.


Form 56A.30A

(rule 56A.30)

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

Waiver of Financial and/or Property Statements

        1. The parties have agreed on the relief to be granted in this proceeding.

        2. The parties acknowledge that they are each entitled to full and complete disclosure of each other=s financial circumstances, including income, assets and debts.  Each party is completely satisfied with the level of financial disclosure given and obtained.

        3. (Where there is a claim for spousal support)  The parties waive Financial Statements with respect to the claim for spousal support made in this proceeding.

        4. (Where there is a property claim) The parties waive Property Statements with respect to property claims made in this proceeding.

        5. In providing this waiver each party acknowledge that he/she is not under any undue influence or coercion from the other party or anyone acting on his/her behalf.

        6. Each party understands that if he/she wishes more information or explanation about this waiver he/she should seek legal counsel prior to signing this document.

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

 (Signature of Applicant or Applicant=s lawyer)

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

(Signature of Respondent or Respondent=s lawyer)


Form 56A.35A

(rule 56A.35)

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

Notice to Disclose

TO: The Respondent (or Applicant) (name)

YOU ARE REQUIRED to provide to the Applicant (or Respondent) and file with the Court within 15 days of service of this Notice:

             [  ]  A Financial Statement in Form 56A.27A of the Rules of the Supreme Court, 1986, including the required income tax documents;

             [  ]  A Property Statement in Form 56A.27C of the Rules of the Supreme Court,1986;

             [  ]  A copy of your Income Tax Return and Notice of Assessment for the year(s) __________;

             [  ]  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;

             [  ]  A copy of each of your 3 most recent pay remittance stubs;

             [  ]  A copy of each of your 3 most recent employment insurance benefit statements;

             [  ]  A copy of each of your 3 most recent worker=s compensation benefit statements;

             [  ]  Current documentary evidence confirming the amount of social assistance that you receive;

             [  ]  For the taxation year(s) _________

                      (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 arm=s length;

             [  ]  Confirmation of your income and draw from, and capital in, the partnership for the taxation year(s) _________;

             [  ]  For each corporation that you control, the following information for the taxation year(s) __________;

                      (i)  the financial statements of each 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 each corporation and every related corporation does not deal at arm=s length;

             [  ]  A copy of the trust settlement agreement and copies of the trust=s financial statement(s) for the year(s) _________;

             [  ]  A copy of the most recent pension plan statement(s) of any and all plans in which you have or will have an interest;

             [  ]  Current documentary evidence confirming entitlement and valuation of any accrued severance benefits, annual leave and other monetary benefits in which you have an interest;

                ]  A copy of any health and dental insurance coverage available to you through your employer, indicating whether coverage is available for your spouse and/or children;

             [  ]  A copy of the most recent assessment notice issued for and any appraisals conducted with respect to real property you own;

             [  ]  Particulars or copies of every cheque issued to you for the period __________ from any business or corporation in which you have an interest or to which you have rendered a service;

             [  ]  Copies of all bank account statements in your name for the period _________;

             [  ]  Copies of the most recent statement for all R.R.S.P.=s, term deposit certificates, guaranteed investment certificates, stock accounts and other investments in your name or in which you have an interest;

             [  ]  Copies of all whole life, term life, disability or other insurance policies in your name and/or in which you have an interest, including the cash surrender value of any such policy;

             [  ]  Copies of credit card statements for all credit cards in your name for the period __________;

             [  ]  An authorization to the appropriate person or institution to obtain any of the above information that you have not provided; and

             [  ]  (a copy of any other item being specifically requested)

(The party seeking disclosure may request one or more of the above depending on the nature of the proceeding.)

IF YOU OBJECT to disclosing any of these documents, you must make an objection in writing setting out the reasons for your objection, and serve it with the information which you do not object to disclosing in response to this notice, within 15 days of service of this Notice.

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

Party or Party=s Lawyer

Whose address for service is:

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 may apply on notice to the Court for any or 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.


Form 56A.36A

(rule 56A.36)

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

Notice to Reply to Written Questions

TO: The Respondent (or Applicant) (name)

YOU ARE REQUIRED to provide to the Applicant (or Respondent) and file with the Court within 15 days of service of this Notice, answers, in the form of an affidavit, to the following questions:

        1.

        2.

IF YOU OBJECT to answering any of these questions, you must make an objection in writing setting out the reasons for your objection, and serve it with the affidavit answering those questions which you do not object to answering, within 15 days of service of this Notice.

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

Party or Party=s Lawyer

The requested documents are to be:

             (a)  served on the party seeking answers to these questions 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 ANSWERS WITHIN THE TIME GIVEN, the party seeking answers to these questions may apply on notice to the Court for any or 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 answers 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 answers to these questions for all costs incurred in the proceeding;

               f)  an Order granting the party seeking answers to these questions any other remedy requested.

This document was delivered to (name) _________ at _________ in the Province of Newfoundland and Labrador this _________ day of _________, 20_____.


Form 56A.44A

(rule 56A.44)

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

Affidavit of Respondent
in Cases of Adultery

I, _________, of _________ in the Province of _________, make oath and say/affirm as follows:

        1. I am the Respondent in this proceeding and I have personal knowledge of the matters and facts deposed to in this affidavit.

        2. On or about the _________ day of _________, 20_____, I had sexual intercourse with (name) _________ at (address) _________, in the City of _________ in the Province of _________ (Include here further particulars respecting the other person and the relationship, for example, frequency of association, duration of relationship, a child has been born of the relationship, etc.)

        3. Since on or about the _________ day of _________, 20_____, I have been living separate and apart from the Applicant (or other facts to indicate the adultery has not been condoned).

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

        5. I have truthfully set out the facts and I have not entered into any agreement, understanding or arrangement to makeup or hide evidence or to deceive the court.

SWORN TO OR AFFIRMED at __________, in the Province of Newfoundland and Labrador this _________ of _________, 20 _____.

Commissioner of Oaths/Justice of the Peace

Signature

Address of Respondent/Respondent=s Solicitor:


Form 56A.45A

(rule 56A.45)

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

Notice of Withdrawal from Joint Originating
Application for Divorce

TO: _________ (name of other party)

TAKE NOTICE that _________ withdraws from the joint Originating Application for Divorce filed in this proceeding on _________, 20_____.

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

Party or Party=s Lawyer

Address for Service of Party/Party=s Lawyer:


Form 56A.46A

(rule 56A.46)

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

Judgment

Before the Honourable _________, the _________ day of _________, _________ (day and date of judgment)

This proceeding coming on before the court this day at _________, upon considering the pleadings and the evidence presented;

        1. It is ordered that _________ and _________ who were married on the _________ day of _________, 20_____, are divorced and, unless appealed, this judgment takes effect and the marriage is dissolved on the 31st day after the date of this judgment.

        2. And this Court further orders:

Registrar

Notice to Parties

The spouses are not free to remarry until this judgment takes effect, at which time any person may obtain a Certificate of Divorce from this court.  If an appeal is taken from this judgment, it may delay this judgment taking effect.


Form 56A.47A

(rule 56A.47)

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

CANADA

PROVINCE OF NEWFOUNDLAND AND LABRADOR

Certificate Of Divorce

This is to certify that the marriage of _________ and _________ which was solemnized on the _________ day of _________, 20_____.was dissolved by a judgment of this Court, which became effective on the _________ day of _________, 20_____.

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

Registrar


Form 56A.58A

(rule 56A.58)

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

Canada Customs And Revenue Agency Consent

TO: Canada Customs and Revenue Agency:

This form authorizes Canada Customs and Revenue Agency to release taxpayer information to the designated persons.

My name is (full legal name):

I live at (latest address shown on tax records):

My social insurance number is:

I ASK AND AUTHORIZE YOU to send to:

        1. (name, address and telephone number of requesting party or requesting party=s lawyer)

        2. (name, address and telephone number of other party or other party=s lawyer) a copy of:

             (a)  my income tax returns for the years ________, _______, _______; and

             (b)  any material that was filed with each of the returns for those same years; and

             (c)  any notice of assessment or re-assessment issued to me for those same years.

Signature of taxpayer
Date of signature
Telephone number

Note: Upon receipt of the information requested, the requesting party or the requesting party=s lawyer shall file the information in court.


Form 56A.64A

(rule 56A.64)

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

Notice of Confirmation Hearing

TO:

An application for an Interjurisdictional Support Order/Reciprocal Enforcement Support Order, or Variation or Provisional Order was made by (name of court or agency) _________ at (address in full) _________ on the _________ day of _________, 20_____, against you for the payment of $_________ per _________ towards the support (or maintenance) of _________ or (state other parts of order) _________ The provisional order has no legal effect until it is confirmed, but on confirmation by this court it has legal effect as an order of this court.

TAKE NOTICE that a hearing to consider confirmation of the provisional order will be held at (name and address of court) _________ on the _________ day of _________, 20_____, at _________ o=clock in the _________ noon, or so soon thereafter as the matter can be heard.

FURTHER TAKE NOTICE that in support will be read all material forwarded by the court or agency, which material has been served on you together with this notice.

FURTHER TAKE NOTICE that, whether or not you wish to oppose this matter, you are required at least 7 days before the date set for the confirmation hearing to file with the court at the above address a completed financial statement.  An uncompleted copy of a Financial Statement in Form 56A.27A is served on you together with this notice.

FURTHER TAKE NOTICE that if you wish to oppose this application or dispute the amount of support payable, you may file an affidavit in response at least 7 days before the date set for the confirmation hearing, and you or your lawyer must appear at the hearing.

FURTHER TAKE NOTICE that if you do not come to the hearing, an order confirming the provisional order may be made in your absence and enforced against you.

DATED at _________, Newfoundland and Labrador this _________ day of __________, 20__.

Registrar