Rules of the Supreme Court, 1986

Division I
Interpretation, Application and Transitional

Definitions of terms

56A.01. In this Part

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

(b) [Rep. by 30/10 s15]

(c) "family law proceeding" means a proceeding in either the General Division or the Family Division under an Act of the province or of Canada or under the common law or in equity related to family law including:

(i) child protection,

(ii) custody and access,

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

(iv) enforcement of support orders,

(v) adoption,

(vi) dividing the property of spouses, former spouses, partners and former partners,

(vii) marriage,

(viii) separation,

(ix) divorce ,

(x) consent to medical treatment of minors, and

(xi) other matters listed in section 43.9 of the Judicature Act ;

(d) "financial statement" means a financial statement in Form 56A.27A;

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

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

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

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

(h) "registrar " includes a Deputy Registrar or Assistant Deputy Registrar 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;

(i) "trial" includes a hearing;

(j) "uncontested family law proceeding" means a family law proceeding in which

(i) the respondent has failed to serve and file a response,

(ii) the response has been withdrawn or struck out,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

(k) "vary" or "variation" includes rescind and suspend, or rescission and suspension.

12/03 s1; 130/03 s1; 30/10 s15

Interpretation

56A.02. (1) Rules 56A and 56C apply to family law proceedings in the Court and may be cited separately as the Family Law Rules.

(2) The general practice and procedure of the Court apply with the necessary modifications unless this Part provides otherwise.

(3) [Rep. by 30/10 s16]

(4) Where the practice and procedure in a particular cause or matter cannot be determined, the Court may adopt the practice and procedure that is necessary to permit the cause or matter to proceed.

(5) Family law proceedings will be conducted as informally as the circumstances of the case permit.

(5.1) All family law proceedings started in the province over which the Family Division has jurisdiction shall be titled "In the Supreme Court of Newfoundland and Labrador, Trial Division (Family)" and all family law proceedings started in the province over which the General Division has jurisdiction shall be titled "In the Supreme Court of Newfoundland and Labrador, Trial Division (General)".

(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.

(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.

(7) This Part applies to family law proceedings commenced before, on or after the day when this Part takes effect, except the Court may order that the old rules apply to an existing matter.

(8) 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.

12/03 s1; 130/03 s2; 16/07 s1; 30/10 s16

Division II
General Matters

When hearings may be held in private

56A.03. Where a judge in a family law proceeding is of the opinion

(a) that evidence or information presented to the Court would be seriously injurious or seriously prejudicial to

(i) the person who is being dealt with in the proceeding, or

(ii) a person under 16 years of age who is a witness in or is affected by the proceeding; or

(b) that it would be in the best interest of the proper administration of justice to exclude the members of the public from the court room,

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

30/10 s17

Who may access Court records

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

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

(3) The registrar may require that an application be made to the Court for access to Court records.

12/03 s1

Requirement to keep information confidential

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

(a) shall keep the documents, evidence and any information obtained from them or from the Court record in confidence; and

(b) may only use the documents, evidence and information for the purposes of the family law proceeding in which the document or evidence was obtained or to which the Court record relates.

(2) The rule in (1) does not apply where

(a) the person who disclosed the document or gave the evidence consents to the information being released;

(b) the document is referred to or the evidence is given as part of a trial and the court made no order restricting its use or access to it;

(d) the document or evidence is used in a later proceeding between the same parties; or

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

(3) The Court may, on application, give a person permission to disclose information that would normally be confidential, if the interests of justice outweigh any harm that would result

(a) to the person who provided the documents or evidence;

(b) to the parties to the family law proceeding; or

(4) A person who breaks this rule is in contempt of Court.

12/03 s1

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.

(3) A person making a claim for an unequal division of matrimonial property, entitlement to a share of business assets or a claim of undue hardship in a child support proceeding shall state the material facts supporting the claim.

(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.

(5) An entry of every proceeding shall be made by the proper officer in an appropriate record maintained manually or in electronic form.

(5.1) The file number assigned to a family law proceeding in the Family Division shall consist of the year of issue, a number to identify the judicial centre where the proceeding is commenced followed by the letter "F" as follows:

02F	St. John’s
04F	Corner Brook

and then followed by the consecutive number of the proceeding in the order of filing in the Registry of the judicial centre where the proceeding is commenced.

(5.2) The file number assigned to a family law proceeding in the General Division shall consist of the year of issue, a number to identify the judicial centre where the proceeding is commenced followed by the letter "G" as follows:

03G	Grand Falls
05G	Gander
06G	Grand Bank
08G	Happy Valley-Goose Bay

and then followed by the consecutive number of the proceeding in the order of filing in the Registry of the judicial centre where the proceeding is commenced.

(5.3) All documents subsequently filed or delivered in the proceeding shall bear the same file number.

(5.4) Where a proceeding is subsequently issued in relation to the same parties but in another judicial centre, the registrar shall make arrangements to transfer the file to that judicial centre.

(6) Where a party asks for a divorce in a proceeding, the registrar shall, on receipt of the appropriate fee,

(a) in addition to the file reference required by rules 56A.06(5.1) and (5.2), assign to that divorce proceeding a separate number, to be known as a divorce registry number, that follows in sequence the last number assigned to a divorce proceeding in that judicial centre, as the case may be; and

(b) complete Part I of the registration of divorce proceeding form referred to in the Central Registry of Divorce Proceedings Regulations (Canada) and send it to the central registry of divorce proceedings.

12/03 s1; 130/03 s3; 16/07 s2; 30/10 s18

Joining 2 or more claims

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

(2) Subject to section 43.11 of the Judicature Act , the Court, on application, may direct that a non-family law claim be continued in a family law proceeding if the claim is related to or connected with a claim in that proceeding.

(3) Unless the Court determines otherwise, the Court may deal with all issues in any way relating to the claims made in an originating application even if an issue is not specifically referred to in the application, and the Court may make any judgment or order that the justice of the case may require.

12/03 s1; 30/10 s19

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.

(3) The Court may

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

(b) give directions about how to serve that person and conduct the family law proceeding.

12/03 s1; 130/03 s4

Location, transfer of family law proceedings

56A.09. (1) A party may start a family law proceeding in the General Division unless the Judicature Act requires that it must be started in the Family Division.

(1.1) A party filing an application shall indicate at the top of the form where they wish to have the matter heard and shall start the proceeding in the corresponding judicial centre.

(1.2) Unless ordered otherwise, all documents in a family law proceeding must be filed in the same judicial centre as the originating application.

(1.3) Where a party has requested that a family law proceeding be heard at a circuit location, the Registrar may, if he or she considers it necessary, set the proceeding to be heard at a location other than the requested circuit location.

(2) On application, the Court may order that a family law proceeding be transferred to another judicial centre.

(3) An application to transfer a family law proceeding shall not be made before the respondent to the proceeding has filed a response, without the consent of the parties or leave of the Court.

(4) [Rep. by 30/10 s20]

12/03 s1; 30/10 s20

How to serve documents

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

(a) an originating application for divorce;

(b) an originating application seeking custody or access to children;

(d) a subpoena to witness;

(e) a notice of application or notice of default hearing in which the person to be served faces a possibility of imprisonment; or

(f) where personal service is otherwise required by law.

(2) Service of documents not listed in (1) on a person in a family law proceeding may be made 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.

12/03 s1; 130/03 s5

Time for serving documents

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

(2) An application to extend the time for service may be made to the Court before or after the 6 months expires without giving notice of the application to the other parties.

12/03 s1

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.

(2) Even if the time for responding or replying expires, a response or reply may be served and filed as long as a Notice of Default in Form 56A.15A has not been filed.

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

(4) A respondent who claims an unequal division of matrimonial property, division of property by common law spouses, entitlement to a share of business assets or undue hardship in a child support proceeding, shall state the material facts supporting the claim.

(5) A response in Form 56A.12A shall be served in the manner set out in rule 56A.10.

12/03 s1; 130/03 s6; 30/10 s21

How to respond without opposing

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

(2) The applicant may proceed against a respondent who has served and filed a demand for notice as if that respondent had failed to serve and file a response, but shall serve on that respondent notice of all subsequent pleadings and proceedings.

12/03 s1

How to reply to a response

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

30/10 s22

Consequences of not responding

56A.15. (1) Where a respondent fails to serve and file a response within the prescribed time, serves and files a response stating that he or she is not contesting the application or serves and files a demand for notice, the applicant may, on filing proof of service of the originating application, require the registrar to issue a notice of default in Form 56A.15A in relation to that respondent.

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

(a) the consent of the applicant; or

(b) leave of the Court,

and the court may proceed to decide the matter without hearing from the respondent.

12/03 s1; 130/03 s7

How to claim interim relief or get the Court's direction

56A.16. (1) Either party to a family law proceeding may make an application claiming interim relief or to get the Court's direction on procedural matters by filing Form 56A.16A with an affidavit supporting the application.

(2) An applicant shall serve the application on the other parties to the family law proceeding at least 5 days before the date set for hearing the application, unless the parties consent to an earlier date.

(3) Before serving an application, the applicant may apply to the Court (without having to serve the other parties) for permission to shorten the time for service and if the Court makes the order, the applicant shall serve a copy of the order on the other parties with the application.

(4) A party who wants to oppose a claim made in an application under this rule may do so by filing one or more affidavits that set out why the applicant should not be successful. A copy of the affidavits filed shall be served on every other party to the application at least 2 days before the hearing of the application.

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

(6) The Court may disregard an affidavit that is not filed and served in time and may award costs against the party filing it.

(7) The Court shall make a decision on an application made under this rule after reviewing the affidavits filed and hearing the arguments of the parties unless a judge before or at the hearing

(a) gives permission to one or more parties to cross-examine the people that signed affidavits;

(b) orders that the parties may have witnesses give oral evidence; and

(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.

12/03 s1; 16/07 s3

Making an application without notice

56A.17. (1) An application may be made without notice to a party or another person interested or affected where

(a) a statute or rule permits the application to be made without notice or before a party is served; or

(b) the court is satisfied that

(i) the delay caused by giving notice would or may impose serious harm or prejudice on the applicant or a child affected by the application;

(ii) there is a degree of urgency for another reason that makes it inappropriate to give notice; or

(iii) the circumstances of the case make notice unnecessary.

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

(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.

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

(3) When an application is made without notice the Court may

(a) refuse to hear the application until notice is given to a party or person affected by or interested in the application;

(b) shorten the normal time for the giving of notice;

(d) hear the application without notice on terms and conditions the Court considers just; and

(e) make another order that balances the interests of the applicant with the interests of a party or person affected by or interested in the application.

12/03 s1; 130/03 s8

Making orders without notice

56A.18. (1) The Court may grant an order on an application without notice on terms and conditions that may include the applicant giving an undertaking or providing security.

(2) 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.

12/03 s1; 130/03 s9

Setting aside orders made without notice

56A.19. (1) A party to or person affected by or interested in an order made without notice may apply to set aside or change the order by filing an application and serving it on the other parties at least 2 days before the date set for hearing the application, or on shorter notice where the Court has given permission.

(2) The Court may on an application made under (1) or on its own motion set aside or change an order made without notice.

(3) At a hearing held under (1) or under rule 56A.18(2), the party who obtained the order without notice has the burden of satisfying the Court that that order should be continued and the Court shall consider all relevant evidence in determining whether the order should be continued.

12/03 s1

What may go in an affidavit

56A.20. (1) A person signing an affidavit shall only set out facts of which he or she has personal knowledge, except where this rule provides otherwise.

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

(a) the application on which the affidavit will be used is for an interim order, or for a matter which will not determine the final outcome of the family law proceeding; and

(b) the source of the information is identified by name, the affidavit states that the person signing it believes the information is true, and the circumstances that justify the use of information learned from someone else are stated.

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

(a) disregard all or part of that affidavit; and

(b) award costs against the party filing the affidavit or that party's lawyer.

(4) Where an affidavit contains material that is irrelevant or that may delay the trial or make it difficult to have a fair trial, or that is unnecessary or an abuse of the Court process, the Court may, on application by a party or on its own

(a) disregard all or part of that affidavit; and

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

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

12/03 s1; 130/03 s10

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;

(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;

(d) the basis of the opinion; and

(e) a report upon any other matter referred by a judge.

(9) Unless otherwise ordered, a party seeking to have a trial date set at a case management meeting shall complete Form 56A.21B and also shall be prepared to discuss each of the matters set out in the form at the case management meeting.

(10) A Notice of Case Management requesting that a trial date be set shall have attached to it a copy of the completed Form 56A.21B when provided to the other parties.

(11) A party who receives a Notice of Case Management requesting a trial date which has a completed Form 56A.21B attached to it shall file his or her own completed Form 56A.21B with the court, provide it to the other parties and be prepared to discuss each of the matters set out in the form at the case management meeting.

130/03 s11; 30/10 s23

What evidence the Court may consider

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

(2) The Court may accept a document that appears to be proof of marriage in a foreign jurisdiction as proof of the marriage unless the contrary is proved.

(3) If it is relevant to a proceeding that a party has committed adultery that party shall not refuse to answer a question about whether he or she has committed adultery.

12/03 s1

How to set a trial or hearing date

56A.23. (1) When a party wishes to set a date for a trial or hearing, the party shall contact the registrar to obtain a date for a case management meeting.

(2) At the case management meeting the judge shall determine whether the parties are ready for trial or a hearing and the Court may make an order described in rule 56A.21(4).

12/03 s1; 30/10 s24

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;

(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.

130/03 s12

Judgments and orders

56A.25. (1) Subject to rule 56A.45 (Applying jointly for divorce) and 56A.25(1.1) (Judgments and orders), where a party claims relief under more than one statute the Court may issue one judgment with respect to all relief naming the relevant statute.

(1.1) A separate formal order for support shall be issued by the Court where child support and/or spousal support is granted and such order shall be in Form 56A.25B.

(2) The Court may issue a separate judgment for each claim for relief on the request of a party.

(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, and of each party who has not appeared, witnessed by a person authorized to take an oath or affirmation unless a judge determines that such written acknowledgement of consent is not required.

(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.

12/03 s1; 130/03 s13; 16/07 s4; 30/10 s25

Whether a party is entitled to recover costs

56A.26. (1) The Court has the right to decide whether a party will have to pay the costs of another party and Rule 55 (Costs) and other rules respecting costs apply to a family law proceeding unless they are inconsistent with this rule.

(2) A successful party who has behaved unreasonably or has acted in bad faith during a family law proceeding

(a) may be deprived of all or part of the party's own costs; or

(b) may be ordered to pay all or part of the unsuccessful party's costs.

(3) In deciding whether a party has behaved reasonably or unreasonably or in bad faith, the Court may consider

(a) the party's behaviour in relation to the nature, importance and urgency of the issues;

(b) any conduct of the party which unnecessarily delayed the proceeding;

(d) the party's denial or refusal to admit anything that should have been admitted;

(e) whether the party made an offer to settle;

(f) the reasonableness of any offer to settle the party made; and

(g) any offer to settle the party withdrew or failed to accept.

(4) The Court may order costs against a party if the party

(a) does not appear at a step in the family law proceeding;

(b) appears but is not properly prepared to deal with the issues at that step; or

12/03 s1

Division III
Disclosure

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.

130/03 s14

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) 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.

(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.

(4) The person responding to the claim is required to file and serve forms required by this rule

(a) within 30 days after service of the application claiming support if the respondent was served in Canada or the United States of America; and

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

12/03 s1; 130/03 s15; 16/07 s5; 30/10 s26

Custody and access

56A.29. Parties to a claim for custody of or access to a child, where no claim is made for support, do not need to file and serve financial statements, unless the Court orders them to do so.

12/03 s1

Spousal 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.

(2) The person making the claim shall file and serve the financial statement with the document making the claim.

(3) The person responding to the claim shall file and serve the financial statement with his or her response or reply.

12/03 s1; 130/03 s16

Property claims

56A.31. (1) A party to a property claim shall file and serve a property statement in Form 56A.27C unless

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

(b) the parties have filed a waiver of financial and property statements in Form 56A.30A.

(2) The person making the claim shall file and serve the property statement with the document making the claim.

(3) The person responding to the claim shall file and serve the property statement with his or her response or reply.

12/03 s1; 130/03 s17

Divorce

56A.32. The parties to a divorce proceeding where there are children for whom support may be ordered but no one is claiming child support, shall produce at least 10 days before the determination of the proceeding the income information required by the guidelines.

12/03 s1

When parties apply together under the Divorce Act (Canada)

56A.33. Spouses or former spouses who apply together for relief under the Divorce Act (Canada ) shall file the following documents with the originating application or application:

(a) a financial statement of each applicant or co-applicant, together with the income information required by the guidelines;

(b) an agreement as to child support in Form 56A.28A, and the documents referred to in that form; or

(c) where there are no children for whom support may be ordered, a waiver of financial and property statements in Form 56A.30A.

12/03 s1

Rejection of application

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

12/03 s1

How to require the filing of forms

56A.35. (1) In a family law proceeding where financial statements or property statements are required under this Part, a party may file and serve a notice to disclose in Form 56A.35A.

(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.

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

(a) make the objection in writing, setting out the reason for the objection; and

(b) file and serve the objection, together with the information which that party does not object to disclosing, within 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.

(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.

(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.

12/03 s1; 130/03 s18; 16/07 s6

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) 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.

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

12/03 s1; 130/03 s19; 16/07 s7

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.

16/07 s8

Consequences of non-disclosure

56A.38. If a party has not filed and served a financial statement or a property statement as required by this Part, or a response to a notice to file income information, a notice to disclose, or a notice to reply to written questions served on him or her, on application the Court may make an order

(a) where child support is in issue, concluding that the party has no answer to the claims against him or her and imputing income to the party in the amount that the Court considers appropriate;

(b) that the party pay support in the amount that the Court considers appropriate;

(i) the financial statement or property statement,

(ii) the income information requested in a notice to file income information,

(iii) the financial or property information requested in a notice to disclose,

(iv) the answers requested in a notice to reply to written questions;

(d) granting any other remedy requested or appropriate; and

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

12/03 s1

Requirement to keep information current

56A.39. (1) If a party discovers that information that has been disclosed to another party was incorrect or incomplete when made, or that there has been a change in the information provided that is relevant to the matters in dispute, the party shall immediately file and serve on every other party to the claim

(a) the correct information or a new statement containing the correct information; and

(b) any documents substantiating the information.

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

12/03 s1; 130/03 s20

When non-parties have to disclose

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

(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

(3) The income tax information attached to the financial statement shall be for the three most recent taxation years.

(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.

(5) A party seeking an order under (4) shall satisfy the Court that

(a) the party seeking the order has been unable to obtain the information by more informal methods;

(b) it would be unfair to require that party to proceed to trial without the information; and

(i) will not unduly delay the progress of the family law proceeding,

(ii) will not entail unreasonable expense for any person,

(iii) will not result in unfairness to the person from whom disclosure is sought, or

(iv) is not otherwise prohibited by law.

(6) A person served with an order granted under (2) or (4) shall, within 30 days after service

(a) provide a written statement to the requesting party detailing the information requested; or

(b) bring an application for exemption from providing any or all of the requested information.

(7) An order granted under (2) or (4) shall contain a notice to the person ordered to provide the information, in the following form:

"Take notice that you must, within 30 days after service of this order on you

(a) provide a written statement to the requesting party detailing the information requested; or

(b) bring an application for exemption from providing any or all of the requested information.

If you fail to do so within the time given, the party seeking disclosure may apply on notice to the Court for an order to examine you for discovery, or for any other appropriate order requested."

(8) The Court may order that the costs of providing the information requested and the costs of the parties in an application under this rule be paid to or by

(a) either of the parties to the family law proceeding; or

(b) the person ordered to provide information.

12/03 s1; 130/03 s21; 16/07 s9

Failure to obey disclosure order

56A.41. If a party does not obey an order requiring disclosure, the Court may

(a) dismiss that party's family law proceeding;

(b) strike out any document filed by that party;

(d) order that any information that should have appeared on a financial statement or property statement may not be used by that party at the application or trial;

(e) make any other appropriate order, including those orders that may be made under rule 56A.38 (Consequences of non-disclosure).

12/03 s1; 130/03 s22

Division IV
Proceedings under the Divorce Act (Canada )

How to apply for a divorce

56A.42. (1) A divorce proceeding may be started by,

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

(b) both spouses filing a joint originating application under rule 56A.45 with no named respondent, or

(2) A divorce proceeding includes any application for corollary relief contained in the originating application or response seeking a divorce.

(3) In an application for divorce claiming that the other spouse committed adultery with another person, that person does not need to be named, but if named, shall be served with the originating application or response and has all the rights of a respondent in the case related to the allegation of adultery.

(4) The party filing an application for divorce shall file a certificate of the marriage or of registration of the marriage with the originating application or response.

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

(6) A person may apply to the Court without giving notice to the other party for permission to file an originating application or response without a certificate of the marriage or of registration of the marriage if the person applying files an undertaking to file that certificate within a time specified by the Court.

(7) Where it is impossible or impractical to obtain a certificate of the marriage or of the registration of the marriage, the applicant or respondent may apply without giving notice to the other party for an order dispensing with the need to file one of these documents.

(8) The Court shall not grant a judgment for divorce until a written notification issued from the central registry of divorce proceedings under the Central Registry of Divorce Proceedings Regulations under the Divorce Act (Canada ) has been filed indicating that no other divorce proceedings are pending.

30/10 s27

Divorce process

56A.43. Parties to a divorce may proceed by way of oral evidence or by filing written evidence under rule 56A.44.

12/03 s1

Where the other party is not objecting

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

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

(i) if no certificate of the marriage or of registration of the marriage has been filed, sufficient particulars to prove the marriage,

(ii) evidence to satisfy the Court that there is no possibility of reconciliation of the spouses,

(iii) evidence to satisfy the Court that there has been no collusion,

(iv) the information about arrangements for the support of any children of the marriage required by the Divorce Act (Canada ),

(v) the income and financial information required by the rules in this Part,

(vi) where a divorce is sought on the basis of separation, evidence that the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart when the proceeding was started,

(vii) where a divorce is sought on the basis of adultery or cruelty, evidence that the applicant has not condoned or connived at the act or conduct complained of,

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

(ix) where a spousal support order is sought, evidence of the condition, means, needs and other circumstances of each spouse,

(x) where a custody or access order is sought, evidence of the condition, means, needs and other circumstances of the child,

(xi) where the originating application is for custody, evidence of the willingness of the person seeking custody to facilitate contact with each parent,

(xii) the existence of a written agreement between the spouses, with a copy of the agreement attached where it is relevant to the relief claimed,

(xiii) the existence of a previous Court order between the spouses, with a copy of the order exhibited,

(xiv) where no address for service of the respondent has been provided by the respondent or given in the affidavit of service, evidence to satisfy the Court of the present address of the respondent or evidence to satisfy the Court that service of the judgment on the respondent should be dispensed with, and

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

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

(b) where a divorce is sought on the basis of adultery

(i) an affidavit of respondent, admitting adultery, in Form 56A.44A, with sufficient particulars to prove the adultery, or

(ii) any other evidence that may satisfy the Court that the respondent has committed adultery;

(d) a draft judgment in Form 56A.46A;

(e) where child support is claimed, a draft child support order;

(f) a draft certificate of divorce in Form 56A.47A completed to the extent possible; and

(g) 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.

(2) The court may require oral evidence before the granting of an order for divorce.

(3) Where an applicant does not apply for judgment in an uncontested divorce proceeding based on separation, the respondent may apply by notice of application for judgment in Form 56A.24A, and if the respondent does so, the respondent shall file with that notice

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

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

(4) Where a statute requires the Court to state reasons and oral evidence has not been heard, the judge making the decision may state the reasons of the Court by noting them on the folder containing the court record.

12/03 s1; 130/03 s24

Applying jointly for divorce

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

(2) Where a divorce proceeding has been started by both spouses, the spouses are called co-applicants, and the originating application for divorce

(a) need not include the notice to respondent;

(b) shall be signed by the co-applicants;

(d) need not be served on either of the co-applicants; and

(e) need not be noted for default.

(3) An application made under this rule shall include the information required in rule 56A.33 (When parties apply together under the Divorce Act (Canada )).

(4) A spouse who wishes to withdraw from a joint originating application for divorce shall

(a) file and serve a notice of withdrawal of joint originating application in Form 56A.45A; and

(b) if that spouse wishes to oppose the claim for divorce or other relief claimed, or wishes to claim other relief, file and serve a response at the time of filing and serving the notice of withdrawal of pleading.

(5) Where co-applicants apply for judgment in a divorce proceeding, they shall file and the registrar shall place before the Court the materials required under rule 56A.24(5) and rule 56A.44(1), with any necessary modification.

(6) Where a statute requires the Court to state reasons, the judge making the decision may state the reasons of the Court by noting them on the folder containing the court record.

12/03 s1

Judgment of divorce

56A.46. (1) A judgment in a divorce proceeding shall be in Form 56A.46A.

(2) Orders for one or more of the following:

(a) child support;

(b) spousal support;

(d) parental support

shall be issued by the Court in one separate formal order and shall be in Form 56A.25B.

(3) Where a claim for divorce is made together with one or more other claims, the Court may

(a) grant a divorce and direct that a judgment of divorce alone be entered; and

(b) either

(i) adjourn the hearing of the other claims, or

(ii) give judgment on the other claims.

(4) In uncontested divorce proceedings, the registrar shall immediately forward to each of the parties, by ordinary mail

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

(b) a copy of any child support order.

12/03 s1; 30/10 s28

Certificate of divorce

56A.47. (1) A certificate of divorce, stating that a divorce dissolved the marriage of the parties as of a specified date, shall be in Form 56A.47A.

(2) The registrar shall issue a certificate of divorce, on request of either party, on or after the day on which the judgment granting the divorce takes effect, where

(a) the registrar is satisfied that an appeal is not in process; or

(b) the spouses have signed and filed with the registrar an undertaking that no appeal from the judgment will be taken, or if any appeal has been taken, that it has been abandoned.

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

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

12/03 s1; 130/03 s25

How to register orders made in another judicial centre under the Divorce Act (Canada)

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

12/03 s1

How to transfer a divorce proceeding

56A.49. A divorce proceeding may be transferred under section 6 of the Divorce Act (Canada) to the Court from a Court outside the province by filing certified copies of all pleadings and orders made in the proceeding.

12/03 s1

Registrar to forward forms

56A.50. The registrar in the office in which the proceedings were started shall complete the forms required by the Central Registry of Divorce Proceedings Regulations under the Divorce Act (Canada ) and forward them to the Central Registry of Divorce Proceedings at Ottawa as required by those regulations.

12/03 s1

Corollary relief proceeding

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

(2) Where both former spouses start a corollary relief proceeding together

(a) the application shall be signed by both of them;

(b) the application need not be served on either of them; and

12/03 s1

Division V
Variation of Orders

Affidavit supporting an application for variation

56A.52. An application for variation in Form 56A.06B shall set out

(a) the place where the parties and the children ordinarily reside;

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

(d) details of current custody and access arrangements;

(e) details of current support arrangements, including details of any unpaid support;

(f) details of the current financial circumstances of the parties, with a financial statement completed by the party applying for variation where required by Division III ;

(g) details of the variation asked for and of the changed circumstances that justify a variation of the order or agreement; and

(h) in an application to vary a support order or agreement, whether the support was assigned to be paid to someone else and any details of that arrangement known to the party asking for the variation.

12/03 s1; 130/03 s26

Copies of documents required

56A.53. (1) A copy of the following shall be filed in support of an application for variation:

(a) any existing order that deals with custody, access or support; and

(b) where the order to be varied was granted in a divorce proceeding by a court outside Newfoundland and Labrador , a copy of the original pleadings.

(2) A copy of any existing agreement that deals with custody, access or support shall be 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.

12/03 s1; 130/03 s27

Other provisions apply

56A.54. (1) The provisions for financial disclosure in this Part apply to an application for variation.

(2) The provisions of rule 56A.51(2) apply to an application for variation of child support.

(3) The provisions of rule 56A.51(2) respecting joint applications apply to an application for variation of corollary relief order under the Divorce Act (Canada ).

12/03 s1

Registrar to forward order - Divorce Act (Canada)

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

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

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

12/03 s1

Division VI
Children - Custody, Access and Support

Children must be named

56A.56. An application or response claiming divorce, custody, access or child support shall

(a) set out the names and birth dates of every child of the applicant or the respondent in the custody or care of either of them and whether or not any relief is claimed with respect to that child; or

(b) include a statement that there are no children of the parties who are in the custody or care of either of them.

12/03 s1

Discovery only by leave

56A.57. A party is not permitted to examine another party for discovery purposes on matters of custody of or access to a child without permission from the Court.

12/03 s1

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 Revenue Agency that the party has not filed any income tax returns is attached;

(c) the party's signed Canada 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 and if so, include a statement of the expenses, direct and indirect, solely in relation to those children for whom custody is shared;

(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.

130/03 s28; 16/07 s10; 30/10 s29

Division VII
Certain Uncontested Family Law Proceedings

Applying to nullify a marriage

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

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

(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.

12/03 s1; 130/03 s29

Under the Children’s Law Act and the Divorce Act (Canada)

56A.60. Where an applicant applies for judgment in an uncontested family law proceeding under the Children’s Law Act or Divorce Act (Canada ) in addition to the material required to be filed under rule 56A.24, the applicant shall also file with the affidavit in Form 56A.24C the following additional information:

(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.

16/07 s11

Under the Family Law Act and the Divorce Act (Canada)

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 (Canada ), in addition to the material required to be filed under rule 56A.25(5), the applicant shall also file with the affidavit in Form 56A.24C the following additional information:

(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;

(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.

16/07 s12

Division VIII
Enforcement under the
Support Orders Enforcement Act

Enforcement of judgments and orders

56A.62. A judgment or order for support may be enforced in accordance with the Support Orders Enforcement Act.

12/03 s1

Division IX
Provisional Support Orders - Divorce Act

130/03 s32

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

130/03 s33

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

(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.

130/03 s34

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

(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

130/03 s34

Division IX.1
Interjurisdictional Support Orders

130/03 s34

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;

(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.

130/03 s34

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.

130/03 s34

Division X
Other Matters

Investigation and report to judge

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

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

(3) The person making an investigation and report shall serve a copy of the report upon every party to the proceeding at least 24 hours before presenting that report to the Court.

(4) The person making that investigation is a competent and compellable witness.

(5) A party may cross-examine a person giving evidence obtained in the course of an investigation under this rule and may give evidence in reply.

12/03 s1

Liberal construction

56A.69. These rules shall be construed liberally to secure an inexpensive and expeditious but just conclusion in every proceeding.

12/03 s1

Non compliance with rules

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

12/03 s1

Direction from judge

56A.71. A judge may give directions for the expeditious handling of a matter before the court or where strict adherence to a rule would cause injustice.

12/03 s1

Settlement conference

56A.72. A judge conducting a settlement conference may at the conclusion of the conference set a date for a case management meeting to set a hearing date or set a date for the hearing where all issues have not been resolved by the parties.

30/10 s31

Trial readiness inquiry

56A.73. (1) Where a hearing date has been set, a judge may require the parties to attend a trial readiness inquiry.

(2) At the trial readiness inquiry the parties shall be present along with their counsel, if any, and be prepared to address trial process issues including:

(a) providing the names of all witnesses to be called;

(b) providing a brief description of the testimony expected from each of the witnesses to be called;

(d) providing an estimate of the time required for each party’s case to be heard;

(e) providing any expert reports to be tendered during the hearing; and

(f) advising whether settlement discussions are occurring and the likelihood as to whether all, or any, issues will be resolved prior to the hearing.

(3) A trial readiness inquiry shall be scheduled for no more than 30 days before the hearing unless a judge directs otherwise.

(4) Based upon the information provided at a trial readiness inquiry, the judge may adjourn or otherwise vary the dates of the hearing.

30/10 s31

Division X.1
Child Protection Cases

30/10 s31

Proceedings

56A.74. (1) Rules 56A and 56C do not apply to protective intervention proceedings or related matters under the Child, Youth and Family Services Act to the extent to which the procedure and time limits in that Act are inconsistent with those rules.

(2) A hearing under the Child, Youth and Family Services Act shall be

(a) held as informally as the circumstances of the case permit;

(b) scheduled as expeditiously as the schedule of the Court allows and as fairness to the parties and affected persons requires; and

(c) held in private unless the judge hearing the matter determines that the proper administration of justice requires otherwise.

(3) An application for a protective intervention order and any other application under the Child, Youth and Family Services Act shall be started by presenting the original and one copy of an application to the Court.

(4) An application for another order relating to children in respect of whom a protective intervention order has already been sought or in respect of other children in the same family shall be given the same file number as the original application where the application is made in the same judicial centre.

30/10 s31

Summary judgment

56A.75. (1) Upon completion of a presentation hearing as required by section 33 of the Child, Youth and Family Services Act and an order being made directing that a protective intervention hearing is to take place, a party may apply for a summary judgment for a final order without a trial on all or part of any claim made or defence to be presented in the case.

(2) The party applying under this rule shall serve an application for summary judgment along with an affidavit or other evidence that sets out the specific facts showing that there is no genuine issue requiring a full hearing.

(3) In response to the affidavit or other evidence served by the party making the application, the party responding to the application may not rely on mere allegations or denials but shall set out, in an affidavit or other evidence, specific facts showing that there is a genuine issue requiring a full hearing.

(4) If the judge finds that there is no genuine issue to warrant a full hearing, the Court shall make a final order accordingly.

(5) If the only genuine issue is a question of law, the Court shall decide the issue and make a final order accordingly.

(6) If the Court does not make a final order, or makes an order for the matter to proceed to a full hearing, the Court may also:

(a) specify what facts are not in dispute, state the issues and give directions about how and when the hearing will take place;

(b) give other directions; and

(c) impose any other conditions related to the matter to ensure an expeditious and fair hearing of the issues in dispute.

(7) If the party applying for summary judgment does not succeed, the Court shall decide the amount of the other party’s costs of the application on a full recovery basis and order the party who made the application to pay those costs immediately, unless the application is considered by the judge to have been justified, although unsuccessful.

(8) Where a party has acted in bad faith, the Court shall decide the costs of the application on a full recovery basis and shall order the party to pay them immediately.

30/10 s31

Judicial case conference

56A.76. (1) Where a party requests a judicial case conference in a child protection case, the parties shall attend before a judge who shall consider such documents, other materials and submissions as the judge deems appropriate and thereafter give a non-binding opinion on the probable outcome of a hearing of the proceeding.

(2) A judicial case conference shall only occur after the conclusion of the presentation hearing as required by section 33 of the Child, Youth and Family Services Act

(3) A judge may conduct the judicial case conference in as informal a manner as the judge deems appropriate.

(4) A judge may hear from persons intended to be witnesses at the hearing, as well as the parties, either under oath or affirmation or not, during a judicial case conference if the judge so decides.

(5) A judge who conducts a judicial case conference shall not preside at the protective intervention hearing and shall note in the court file the date or dates upon which the judicial case conference took place.

(6) A judicial case conference may be recorded with minutes kept but in such event, the record kept and any submissions shall be sealed and may only be opened by order of a judge.

(7) Upon completion of the judicial case conference, the judge shall return to the parties or their counsel any materials filed or provided for the purpose of the judicial case conference not otherwise in the court file.

(8) The judge conducting the judicial case conference or any person attending the judicial case conference shall not disclose to the hearing judge or any other persons the positions taken by the parties or the opinions expressed at the hearing.

(9) A judge at a judicial case conference may give directions to the parties, including setting a date and time for a hearing, related to the conduct of the hearing and any such directions will be filed in the court file as an order.

(10) A judge at a judicial case conference may make a final or interim order where the parties to the proceeding consent and such order shall be filed in the court file.

30/10 s31

Division XI
Applications for the Return of a Child under the Hague Convention on International
Child Abduction

Definitions

56A.77. In this division,

(a) "central authority" is the person so designated for each contracting state under Article 6 of the Hague Convention on International Child Abduction;

(b) "contact judge" is the person so designated in the province of Newfoundland and Labrador to ensure that interjurisdictional cases of parental child abduction are dealt with expeditiously;

(c) "contracting state" means a country that is a signatory to the Hague Convention on International Child Abduction; and

(d) "Hague Convention on International Child Abduction" means the Convention on the Civil Aspects of International Child Abduction as set out as a schedule to the Children’s Law Act.

75/08 s1; 30/10 s30

Use of these rules

56A.78. (1) The rules in this division apply to the wrongful removal or retention of a child occurring in a contracting state under the Hague Convention on International Child Abduction.

(2) The child who has been wrongfully removed or retained must be under the age of 16 years.

(3) Wrongful removal or retention shall have the meaning set out in Article 3 of the Hague Convention on International Child Abduction.

75/08 s1; 30/10 s30

Proceedings shall be dealt with expeditiously

56A.79. All proceedings under this division shall be dealt with expeditiously and these rules shall be interpreted and applied so as to provide the most timely and efficient disposition that is consistent with fairness to the parties involved.

75/08 s1; 30/10 s30

Application of the Family Law Rules

56A.80. The Family Law Rules shall apply to all proceedings for the return of a child under the Hague Convention on International Child Abduction unless this division provides otherwise, in which case the rules in this division take precedence.

75/08 s1; 30/10 s30

Commencing an application for the return of a child

56A.81. ( 1) An application for the return of a child under the Hague Convention on International Child Abduction shall be commenced in the Court by presenting an original and 2 signed copies of an Originating Application for the Return of a Child in Form 56A.81A.

(2) Applications under this division shall only address the return of a child and shall not include a request for any other relief except for consequential relief related to the return of a child.

(3) Rules 56A.06(5) to (5.4) and 56A.08 apply with respect to applications under this division.

(4) All applications under this division shall be accompanied by affidavit evidence in Form 56A.81B which complies with rule 56A.20 and contains:

(a) information concerning the identity of the applicant, the child and the person or persons alleged to have removed or retained the child;

(b) where available, the date of birth of the child;

(d) all available information relating to the whereabouts of the child and the identity of the person in whose care the child is presumed to be.

(5) The application may be accompanied or supplemented by:

(a) an authenticated copy of any relevant decision or agreement pertaining to custody and/or access of the child;

(b) a certificate or an affidavit emanating from a central authority of a contracting state, competent authority or other qualified person where the child habitually resides setting out the relevant law of that jurisdiction; or

(6) On receipt by the Court of an application under this division, a first hearing date shall be assigned and noted on the application.

75/08 s1; 30/10 ss30 & 32

Service of the application

56A.82. (1) The originating application along with

(a) an affidavit in support of the application under rule 56A.81(4);

(b) information under rule 56A.81(5) (if applicable); and

shall be served personally on the respondent(s) in accordance with rule 6.02 (Personal Service) within 7 days of filing the application with the Court.

(2) If he or she is not named as a respondent, the person with whom the child is presumed to be shall also be personally served with the application.

(3) If timely service cannot be affected, an application may be made to the Court for substituted service or to extend the time for service in accordance with the Rules of the Supreme Court, 1986.

75/08 s1; 30/10 ss30 & 33

Notice to the central authority and the contact judge

56A.83. A Notice of Application to the central authority and contact judge in Form 56A.83A must be filed at the same time as the application under rule 56A.81 and a copy shall forthwith be provided to the central authority of the province of Newfoundland and Labrador and the contact judge.

30/10 s34

Responding to an application for the return of a child

56A.84. Notwithstanding rules 56A.12 and 56A.13, a response to the originating application shall be filed within 7 days of being served with the originating application unless ordered otherwise.

75/08 s1; 30/10 s30

How to oppose a claim

56A.85. (1) Unless ordered otherwise, a respondent who wishes to oppose a claim made in an originating application shall serve and file a response in Form 56A.12A.

(2) Rules 56A.12(3) and (4) shall not apply to applications under this division.

75/08 s1; 30/10 s30

How to respond without opposing

56A.86. Rule 56A.13 shall apply to a respondent who does not oppose an application under this division.

75/08 s1; 30/10 s30

Default

56A.87. Rule 56A.15 shall apply to proceedings under this division.

75/08 s1; 30/10 s30

Hearings

56A.88. (1) On the first return date of an application under this division, unless no response has been filed, in which case the Court may determine the application, the Court shall:

(a) establish appropriate timelines for the filing and service of materials; and

(b) set the application down for hearing

and in carrying out these responsibilities, the Court shall have regard to the requirement for an expeditious determination of the matter.

(2) Any party may appear by way of telephone or video conference where appropriate facilities are available if that party makes arrangements at least two days prior to the hearing.

(3) Where the Court has notice of the alleged wrongful removal or retention of a child, the Court shall not deal with the merits of rights of custody until an application for return of the child under the Hague Convention on International Child Abduction has been determined, unless a return application is not filed within a reasonable time after notice is given to the Court.

75/08 s1; 30/10 s30

Disposition

56A.89. Applications shall be dealt with expeditiously and except in extraordinary circumstances, decisions shall be rendered within six weeks of the filing of the application.

75/08 s1; 30/10 s30

Order

56A.90. Unless the order is signed when a judge decides on the merits of the application for return of a child, an appointment shall be made to meet with the same judge to have the order signed within 24 hours of a decision being rendered.

75/08 s1; 30/10 s30

Family Justice Services

56A.91. Unless otherwise ordered or on the consent of the parties, proceedings with respect to the return of a child under this division shall not be referred to Family Justice Services Division under rule 56C.03.

75/08 s1; 30/10 s30

Case management

56A.92. Unless otherwise ordered or on the consent of the parties, proceedings with respect to the return of a child under this division shall not be subject to case management.

75/08 s1; 30/10 s30

	Table of Regulations	Main Site	How current is this regulation?