This is an official version. Copyright © 2007: Queen's Printer, Important Information
Newfoundland
and Labrador
Rules of the Supreme Court, 1986 (Amendment) (Filed Under the authority of section 55 of the Judicature Act, section 9 of the Unified Family Court Act, and section 25
of the Divorce Act ( Dated at David W. Jones, QC RULES Analysis 1.
Rule 56A.02 Amdt. 2.
Rule 56A.06 Amdt. 3.
Rule 56A.16 Amdt. 4.
Rule 56A.25 Amdt. 5.
Rule 56A.28 Amdt. 6.
Rule 56A.35 Amdt. 7.
Rule 56A.36 Amdt. 8.
Rule 56A.37 Amdt. 9.
Rule 56A.40 Amdt. 10.
Rule 56A.58 Amdt. 11.
Rule 56A.60 R&S 12.
Rule 56A.61 R&S 13. Rule 56A Forms Amdt. 14. Rule 56C R&S 15. Commencement 1. (1) Rule 56A.02(1) of the Rules of the Supreme Court, 1986 is repealed and the following substituted: Interpretation 56A.02. (1) Rules 56A, B and C apply to family law proceedings in the court and may be cited separately as the Family Law Rules. (2) Rule 56A.02 of the rules is amended by adding immediately after rule 56A.02(7) the following: (8) The adjudication of family law disputes shall
be provided for in accordance with the following principles: (a) parties who have separated or are in dispute
in a family matter have an innate ability to resolve their own disputes; (b) children are often harmed by conflict between
their parents; (c) the adversarial court process may not always
be conducive to the resolution of conflict and may in some cases increase conflict
between the parties; (d) parties should engage
in dispute resolution processes with the assistance of professionals before
engaging in the adversarial court processes; (e) legal counsel have an important role in providing
legal advice to parties in relation to separation and divorce and in advising
parties independently as to their respective rights and responsibilities; (f) providing information to parents related to
the effects of separation and divorce and other legal issues related to separation
and divorce is desirable; (g) providing counselling services where needed is
often helpful to parties and their children; (h) dispute resolution
techniques shall be attempted before any appearance in court by the parties if
possible; (i) the dispute resolution service provided should
be such as to recognize high conflict, violence and other circumstances which
may be a barrier or partial barrier to the parties attempting to resolve their
own disputes; (j) counsel acting for parties, if any, in a
family law matter should be involved in the dispute resolution process if desired
by the parties; (k) that in some circumstances the dispute
resolution process is not appropriate; (l) where the dispute resolution process is unsuccessful
in assisting the parties to resolve their family law dispute, other techniques
such as proactive case management meetings and settlement conferences should be
made available to the parties if possible; and (m) family law disputes are best dealt with in a timely manner. 2. (1) Rules 56A.06(1) and (2) of the rules are repealed and the following substituted: Starting
a family law proceeding 56A.06. (1) A
person may start a family law proceeding by presenting an original and two
signed copies of an originating application in Forms 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 an original and two signed copies of an originating application in Form 56A.06B. (2) Rule 56A.06(4) is repealed and the following
substituted: (4) The Registrar shall issue the originating application and file the copies and if an application to change an order is made in the same court centre where the original order was made, it shall be filed in the original court file. 3. Rule 56A.16 is of the rules amended by adding immediately after rule 56A.16(7) the following: (8) With regard to any claim for relief to which Rule 56C applies and where a note to court as provided for in Rule 56C has not been filed regarding that matter, no application under this rule should be made unless a party, without having to give notice to the other party under rule 56A.17, obtains leave of the court to proceed with that application. 4. (1) Rule 56A.25(3) of the rules is repealed and the following substituted: (3) Unless the court orders otherwise, an
application for judgment or an 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; or (b) the written consent of each party who is acting in person, or of the respondent who has not appeared, witnessed by a person authorized to take an oath or affirmation. (2) Rule 56A.25 of the rules is amended by adding
immediately after rule 56A.25(3) the following: (4) Parties seeking to file an order by consent may do so without seeking the leave of the court or appearing unless the court orders otherwise. 5. (1) Rule 56A.28(1) of the rules is repealed and the following substituted: Child
support 56A.28. (1) If a party is claiming child
support or a variation of child support in the basic table amount set by the
guidelines (a) the party claiming child support is not
required to file a financial statement; and (b) the party responding to the claim is not required to file and serve a financial statement, unless he or she is claiming that the basic table amount would cause undue hardship. (2) Rule 56A.28(3) of the rules is repealed and the following substituted: (3) If an applicant or respondent is claiming
child support or a variation of child support different from the basic table
amount set by the guidelines or is making a claim under section 7 of the
guidelines (a) that party is required to file and serve a
financial statement with the originating application; and (b) the person responding to the claim is required to file and serve a financial statement. 6. (1) Rule 56A.35(2) of the rules is repealed and the following substituted: (2) A party who is served with a notice to
disclose shall serve and file the information requested within 15 days after service
of that notice and the information requested shall be provided using Form
56A.35B. (2) Rule
56A.35(3)(b) of the rules is repealed and the following substituted: (b) file and serve the objection, together with the information which that party does not object to disclosing, within 15 days after service of the notice to disclose and either party may bring the matter before the court by way of a case management meeting for determination of the objection. The court may make any order it feels appropriate when that objection is filed. (3) Rule 56A.35 of the rules is amended by adding immediately after rule 56A.35(4) the following: (5) The court may make an order for costs as is considered appropriate taking into account the relevance, form and content of the notice to disclose and any reasons given for an objection to disclose. 7. Rules 56A.36(2), (3) and (4) of the rules are repealed and the following substituted: (2) A party who is served with a notice to reply
to written questions shall serve and file the answers within 15 days after
service of that notice and the answers shall be provided using Form 56A.36B. (3) Where the party served with a notice objects
to disclosing any of the information requested in a notice to reply to written
questions, that party shall (a) make the objection in writing, setting out the
reason for the objection; and (b) file and serve the objection, together with
the affidavit answering those questions which the party does not object to
answering, within 15 days after service of the notice and either party may
bring the matter before the court by way of a case management meeting and the
court may make an order as to whether a party is required to answer a question
or not. (4) The court may make an order for costs as is considered appropriate taking into account the relevance, form and content of the notice to reply to written questions and the reasons given for an objection. 8. Rule 56A.37 of the rules is repealed and the following substituted: How
to resolve disputes about disclosure 56A.37. (1) Where the
response to a notice to disclose or notice to reply to written questions is not
satisfactory, the party asking for disclosure may obtain a date for a case
management meeting to request an order requiring the other party or non-party
to give more or better information. (2) Where an objection has been made under Rule 31, rule 56A.35 or rule 56A.36, either party or a non-party served with that notice, may obtain a date for a case management meeting to decide the validity of that objection. 9. (1) Rule 56A.40(2) of the rules is repealed and the following substituted: (2) Where there is a claim for undue hardship by
either party under the guidelines, the court may order any of the following
persons residing with a party to file and serve a completed financial statement
in Form 56A.27A: (a) a person who has a legal duty to support the
party or whom the party has a legal duty to support; (b) a person who shares living expenses with the
party or from whom the party otherwise receives an economic benefit as a result
of living with that person if it is reasonable to consider that person as part
of the party's household; or (c) a child whom the party or the person described in (a) or (b) has a legal duty to support. (2) Rule 56A.40(4) of the rules is repealed and the following substituted: (4) Where a person referred to in subparagraph (2)
has not made satisfactory disclosure after service of an order to file and
serve a financial statement or property statement, after service of an order to
respond to a notice to file income information, a notice to disclose or a
notice to reply to written questions or as may be directed further by the
court, the court may: (a) order a person other than a party, including a
corporation or government institution, to provide information in that person's
custody or control that may be relevant to the issues before the court; and (b) give any directions that may be appropriate. 10. Rule 56A.58(3)(b)(v) of the rules is repealed and the following substituted: (v) there is shared custody of a child and if so, include a statement of the expenses, direct and indirect, solely in relation to those children for whom custody is shared; 11. Rule 56A.60 of the rules is repealed and the following substituted: Under
the Children's Law Act and the Divorce Act ( 56A.60. Where an applicant applies for judgment in
an uncontested family law proceeding under the Children's Law Act or Divorce
Act ( (a) where the applicant is not a parent, evidence
to satisfy the court that the applicant has a sufficient interest; (b) where the originating application is for
custody, evidence of the willingness of the person seeking custody to
facilitate contact with each parent; (c) where the originating application is for
custody or access, evidence of the quality of the relationship that the child
has with the applicant, the personality, character and emotional needs of the
child, the capacity of the applicant to act as legal custodian of the child or
to care for the child during the times that the child is in the applicant's
care, and the wishes of the child, having regard to the age and maturity of the
child; (d) where the originating application is for
custody, evidence of the physical, psychological, social and economic needs of
the child, the home environment proposed to be provided for the child, and the
plans that the applicant has for the future of the child; (e) where the originating application is for the
appointment of a guardian of the property of a child, evidence of the ability
of the proposed guardian to manage that property, the merits of the plan
indicated by the proposed guardian for the care and management of the property,
the personal relationship between the proposed guardian and the child, and the
wishes of the parents of the child; and (f) the existence of any
written agreement, deed, will, or previous court order applicable to the order
sought, with a copy attached, and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled. 12. Rule 56A.61 of the rules is repealed and the following substituted: Under
the Family Law Act and the Divorce Act ( 56A.61. Where the applicant applies for judgment for
spousal support in an uncontested family law proceeding under the Family Law Act or Divorce Act ( (a) the age and physical and mental health of the
spouses; (b) the length of time
the spouses cohabited and information about how the applicant may become
financially independent and how long it shall take; (c) the legal obligation of either spouse to provide support for another person; and (d) the existence of a written agreement or
previous court order applicable to the claim for support with a copy of the
agreement or order attached, and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled. 13. (1) Rule 56A of the rules is amended by repealing Form 56A.06A and substituting the following: Form 56A.06A (rule 56A.06) In the Supreme Court of Newfoundland and
Court
No. ____________ BETWEEN: ____________ APPLICANT Originating
Application To this Honourable Court: 1. I/We hereby seek an order for the following:
Where claim includes
divorce 2. My/Our grounds for seeking a divorce are a permanent breakdown of the marriage which has been established by:
3. It is no longer possible for me to reconcile or resume cohabitation with my spouse. 4. I have not entered into any agreement with my spouse or any other person to deceive this Court. 5. I/my spouse has/have been ordinarily resident
in the 6. Particulars of my marriage: (a) Date of marriage ______________. (b) Place of marriage ______________. (c) Date I ceased cohabiting with my spouse ______________. (d) Immediately before the marriage I was:
My spouse was:
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
To be completed for all
claims (if applicable): 8.
9. (a) Children:
(b) The present parenting (custody
and access) arrangements are: _____________________________________________ (c) The proposed parenting (custody
and access) arrangements are as follows: ____________________________________ (d) The present arrangements for the
support of our child(ren) is/are : __________________________________________ (e) The proposed arrangements for
the support of our child(ren) is/are: ___________________________________________
10. Listed below are all written agreements and court orders affecting
the child/ren, me, or my spouse ____________________________ 11. Child Support:
12. Spousal, Partner Or Parental Support
13. Property
14. Other Claims ________________________________________. 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 Commissioner
of Oaths/Justice of the Peace Signature
of Applicant(s) If this document is
personally served, it shall 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, certify to this Court that I have complied with the requirements
of Section 9 of the Divorce Act, ( DATED at _________, this _________ day of __________, 20 _. Signature of Solicitor Filed at _________, Deputy Registrar/Clerk of the Supreme
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]
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.
In the Supreme Court of Newfoundland and
Court
No. ____________ BETWEEN: ____________ APPLICANT 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 shall file a
Response at the Court within the following times: If served anywhere in If served outside of 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 shall also file with the Court and serve on the Applicant each of the following within the time set out above: 1. A written statement from your employer confirming your year to date earnings, including overtime and rate of annual pay 2. Copies of your tax return for the last 3 years 3. 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 shall 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 shall 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 (2) Rule 56A of the rules is amended by repealing Form
56A.25. (3) Rule 56A of the rules is amended by repealing Form 56A.28A and substituting the following: Form 56A.28A (rule 56A.28) In the
Supreme Court of Newfoundland and Court No.
____________ BETWEEN: ____________ APPLICANT 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 3. The income of the recipient [name] ___________ is $________. 4. The recipient currently resides in [province
or, if resident outside of (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 under 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. 9. All amounts owing under this Order shall
be paid directly to the Director of Support Enforcement for the benefit of the child[ren] of the marriage at: Support Enforcement
Agency, P. O. Box 2006, Corner Brook, NL
A2H 6J8, and this Order shall be enforced by the Director of Support Enforcement
under the Support Orders Enforcement Act or any successor Act unless the Order is withdrawn from the
Director in accordance with the Support Orders Enforcement Act or any successor Act. Dated at __________, Signature of Applicant Dated at __________, Signature of Respondent This Form shall 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. (4) Rule 56A of the rules is amended by adding immediately after Form 56A.35A the following: Form 56A.35B (rule 56A.35) In the Supreme Court of Newfoundland and
Court
No. ____________ BETWEEN: ____________ APPLICANT Response
to Notice to Disclose In Response to the Notice to Disclose served by the (Applicant) (Respondent) and dated the day of , 20 , I make oath (or affirm) and say as follows: 1. I am the (Applicant) (Respondent) in the foregoing proceeding [or I am (other) and authorized to make this Affidavit]. 2. Attached are the following documents requested by the (Applicant) (Respondent): (list documents and attach to the Response) 3. I object to the production of the following document(s) requested by the (Applicant) (Respondent) (list documents and attach to the Response) for the following reasons: (state reason(s) for objection(s)) SWORN TO OR
AFFIRMED at __________ this _______ day of __________, 20
, before me A Commissioner, etc. (5) Rule 56A of the rules is amended by adding immediately after Form 56A.36A the following: Form 56A.36B (rule 56A.36) In the Supreme Court of Newfoundland and
Court
No. ____________ BETWEEN: ____________ APPLICANT Answers
to Notice to Reply to Written Questions In answer to the Notice to Reply to Written Questions served by the (Applicant) (Respondent) and dated the day of , 20 , I make oath (or affirm) and say as follows: 1. I am the (Applicant) (Respondent) in the foregoing proceeding [or I am (other) and authorized to make this Affidavit]. 2. As to the (first) Written Question, I say (state answer based on his or her knowledge). 3. As to the (second) Written Question, I say that I have no personal knowledge of any of the matters referred to, but to the best of my knowledge, information and belief after making proper inquiries I say that (state answer based on inquiries). 4. As to the (third) Written Question, I say that to the best of my knowledge, information and belief I am unable to answer the same. I do not know and cannot ascertain whether (state particulars). 5. As to the (fourth) Written Question, I object to answering this Written Question on the grounds that (state the grounds of objection). SWORN TO OR
AFFIRMED at __________ this _______ day of __________, 20
, before me A Commissioner, etc. 14. Rule 56C of the rules is repealed and the following substituted: RULE 56C Definitions 56C.01. In this Part (a) "Family Justice Services Division"
is a division of the court offering education and information sessions and
mediation to parties and counselling services to the parties or their children
or any combination of these services considered required, or offered to those
other persons referred to in rule 56C.03(2) in order to assist in the
non-adversarial resolution of their dispute; (b) "note to court" is a document, the
form of which has been approved by the Chief Justice, filed with the court by
the Family Justice Services Division where there is a family law proceeding
advising of whether the parties participated in and resolved their family law
dispute; and (c) "staff" refers to staff assigned to and working with the Family Justice Services Division. Application 56C.02. Unless otherwise provided by this rule, the Rules of the Supreme Court, 1986, including Rule 56A (Family Law), shall apply, with the necessary changes to practice and procedure. Family
Justice Services Procedure 56C.03. (1) Where a
family law proceeding involving a claim for child support, spousal or partner
support, custody or access is initiated by way of an Originating Application or
Response and commenced in the court, the Registrar shall within two working
days from the receipt of the proof of service of the application or the filing
of the Response, forward a copy of the pleadings, along with the most current
addresses and telephone numbers for the parties, to the Family Justice Services
Division office located closest to the applicant's residence or, if the
applicant resides outside the province, the Family Justice Services Division
office located closest to the respondent's residence. (2) Nothing in rule 56C.03(1) precludes the
provision of services where both parents, spouses or partners wish to avail of
the assistance of the Family Justice Services Division without commencing an
application to the court. (3) The applicant shall serve the application on
the respondent as provided by rule 56A.10 as soon as is reasonably practical
and thereafter file an affidavit of service with the court. (4) Counsel for the parties shall be contacted by
the Family Justice Services Division staff where the names of counsel are placed
on the pleadings or the staff become aware of a lawyer's involvement with
either of the parties. (5) Unless counsel for the parties have provided
written confirmation to the Family Justice Services Division that they wish to
negotiate the issues and that there is reasonable potential for a negotiated
settlement in that fashion, the staff shall contact each of the parties and
their counsel, if any, advising them of a date and time for an intake session. (6) Following intake for the parties, the staff
shall advise the parties whether or not a dispute resolution session(s) shall
take place and, if so, the dates for that session(s), including mediation or counselling
services. (7) Except where exempted by the staff of the
Family Justice Services Division or a judge, the parties shall attend the
intake session, scheduled information session(s) and any scheduled dispute
resolution session(s) before scheduling a case management meeting or other appearance
before the court. (8) The provision of a Response to an application
filed under rule 56A.06 may be delayed until a time that the Family Justice Services
staff files the note to court at which time the respondent shall file a response
within 7 days. (9) Notwithstanding the time required to provide
financial disclosure under the guidelines or elsewhere in these rules, when
required by the staff, the parties shall provide all financial information
requested in a timely fashion. (10) Where a party fails to attend an intake,
information session or a dispute resolution session as required by the staff of
the Family Justice Services Division, the court may (a) refuse to proceed with a case management
meeting; (b) order a party to attend an intake, education
or information session; (c) make an order as to costs against the party;
and (d) make another order that the court feels just
and appropriate in the circumstances. (11) In the event that a matter remains at the
Family Justice Services Division for greater than two months from the intake
session where support is the only issue or three months otherwise, upon the
agreement of the parties, the court shall be notified of any extension of time
for dispute resolution service. The
court shall be notified by the filing of a note to court. (12) Where the staff has determined the parties have not resolved their dispute, or where the procedure set out in this part is considered inappropriate by the staff, the staff shall file a note to court advising the court of same and shall provide the parties or their counsel with a copy to court. Upon receipt of the note to court, the Registrar shall set a date for a case management meeting as provided for in rule 56A.21 and shall advise the parties by regular mail or, if represented, to their counsel by email or facsimile transmission of the date set for the case management meeting. Consent
orders 56C.04. (1) Where the
staff are successful in assisting the parties to reach
an agreement on all or any of the issues raised by the pleadings, the staff, or
counsel, shall prepare a draft consent order signed by the parties or their
counsel and file same with the court. (2) Where a draft consent order is filed in
accordance with (1), a judge may approve the consent order without appearance
by the parties except where the judge may require the parties or their counsel
to appear in order to answer any questions related to the draft order. (3) Where a consent order is filed on some matters under (1) but not all issues raised by the pleadings are resolved, the staff shall file a note to court advising the court of same and shall provide the parties, or their counsel, with a copy of the note to court. Upon receipt of the note to court, the Registrar shall set a date for a case management meeting as provided for in rule 56A.21 and shall advise the parties by regular mail or, if represented, to their counsel by email or facsimile transmission of the date set for the case management meeting. (4) The form and content of a child support order
shall be consistent with that in Form 56C.04A. Non-Application
of Family Justice Services Division involvement 56C.05. The Family Justice
Services Division or the process set out in this part shall not apply to the
following claims for relief: (a) the claim relates only to the granting of a divorce; (b) any claim for a division of matrimonial property; and (c) any claim for recognition of a constructive and/or resulting trust; but Rule 37A, rule 39.05 and rule 39.06 may apply, as, in the opinion of a judge the circumstances may warrant. When
a matter is urgent 56C.06. (1) Where a judge is satisfied that an application should proceed without involvement of the Family Justice Services Division staff due to urgency or safety concerns or some other good and sufficient cause, he or she may order that rules 56C.03 and 56C.04 shall not apply or delay the involvement of the Family Justice Services Division to another time as determined by the court. (2) Where a judge makes an order under (1), a judge may subsequently order the matter to be referred to Family Justice Services Division staff. Provisional
orders 56C.07. (1) Where the respondent named in an application for either spousal or child support is resident outside of the province and the applicant resides in the province, the applicant shall proceed to serve the application on the respondent and the Registrar shall forward the application to the Family Justice Services Division office located closest to the party within this province who shall attempt to assist the parties to reach agreement on any or all issues raised in the pleadings. (2) Where the issues raised by the pleadings have been resolved, the staff shall file a consent order along with a document signed by the respondent advising of his or her consent to attorn to the jurisdiction of the court. (3) Where the documents referred to in rule 56C.07(2) are filed, a judge may approve a draft order without the parties appearing, except where a judge requires further information from the parties or their counsel. (4) Where a draft consent order is filed under rule
56C.07(2) and all issues raised in the pleadings are not resolved, the staff
shall file a note to court advising the court of same and shall provide the
parties, or if represented their counsel, with a copy of the note to
court. Upon the receipt of the note to
court, the Registrar shall set a date for a provisional hearing as set out in
the Divorce Act ( (5) Where the staff has determined the parties are
unsuccessful in resolving their dispute, or where the procedure set out in this
part is considered inappropriate by the staff, the staff shall file a note to
court advising the court of same and shall provide the parties, or their counsel,
with a copy of the note to court. Upon
the Registrar receiving the note to court, the application shall proceed to a
provisional hearing as set out in the Divorce Act ( Form 56C.04A (rule 56C.04) In the Supreme Court of Newfoundland and
Court
No. ____________ Before the Honourable Justice this day of , BETWEEN: ____________ APPLICANT [Consent]
Order This proceeding coming on this day for
hearing; It is hereby Ordered that: 1. The Applicant/Respondent, __________, having been found to have a gross annual income of $ __________, shall pay to the Respondent/Applicant, the sum of $__________ a month for the support of the following children: __________, born __________; and __________, born __________ commencing __________, __________, and on the __________ day of each and every month thereafter. or (where
there is child support paid per section 7 of the Guidelines, where there is a
shared/split parenting arrangement) The applicant has a gross annual income of $__________. The Respondent has a gross annual income of $__________. The Applicant/Respondent shall pay to the Respondent/Applicant the sum of $__________ month for the support of the following children: __________, born __________; and __________, born __________ commencing __________, __________, and on the __________ day of each and every month thereafter. 2. There are special or extraordinary expenses, being: (identify the
special/extraordinary expense, the child for
whom the expense is incurred, the total cost, the amount that the payor is to contribute and the date the payments are to be
made each month.) 3. (insert any other child support provisions - i.e. recalculation of child support, exchange of financial information per section 25 of the Guidelines) 4. All amounts owing under this Order shall be paid directly to: Director This Order shall be enforced by the Director of Support Enforcement, unless withdrawn in accordance with section 5(1) of the Support Orders Enforcement Act. Dated at __________, I, __________, [counsel for] the Applicant consent to the form and filing of the within Consent Order [on behalf of the Applicant]. Applicant or Applicant=s lawyer Witness to Applicant=s signature (if necessary) I, __________, [counsel for] the Respondent consent to the form and filing of the within Consent Order [on behalf of the Respondent]. Respondent or Respondent=s lawyer Witness to Respondent=s signature (if necessary) Commencement 15. These rules come into force on ©Earl G. Tucker, Queen's Printer |