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Family Court Rules

made under Sections 11 and 12 of the

Family Court Act

R.S.N.S. 1989, c. 159

O.I.C. 93-114 (February 2, 1993), N.S. Reg. 20/93

as amended to O.I.C. 2014-400 (Sept. 18, 2014, effective Oct. 1, 2014), N.S. Reg. 140/2014



Table of Contents Text of Rules

Please note: the table of contents is provided for convenience of reference only and does not form part of the rules.

 

Table of Contents

 

Rule 1 - Citation, Application and Interpretation

Citation

Application

Object of Rules

Application of Interpretation Act and Civil Procedure Rules

Definitions

Waiver of Rule by agreement

 

Rule 2 - Effect of Non-compliance

Non-compliance with Rules

 

Rule 3 - Time

Computation of time

Time Definition Act

Extension, etc. of time

 

Rule 4 - Forms

Form

 

Rule 5 - Parties

More than one party

Order separate trials

Change of parties

Guardian ad litem

Appointment of guardian ad litem

Settlement, etc. by person under disability

Control of money recovered

Third person as party

As amicus curiae

 

Rule 6 - Commencement of Proceedings

Definitions

Information

Family court officer filing

Facsimile transmissions

Starting a proceeding

Disclosure by parenting statement and deadline for filing

Disclosure by financial statements

Disclosure of financial information for child support and other claims

Disclosure by affidavit

Deadlines for filing financial statements

Direction to disclose

Order to appear and disclose and order to disclose

Order for disclosure by non-party

Court-based ADR

Court-based ADR meeting and directions

Conduct of court-based ADR

Consent order in court-based ADR

Interim order for child support

Variation of, or setting aside, a family court officer’s order

Court-based ADR record

Referral to court

Conference

Settlement conference procedure

Paternity test

Parent information program

 

Rule 7 - Service

General provision

Substituted service

Affidavit of service

No service in certain cases

 

Rule 8 - Amendment

Of a document in a proceeding

By the court

 

Rule 9 - Reply

 

Rule 10 - Admissions and Expert Witnesses

Voluntary admissions

Expert witnesses

 

Rule 11 - Pre-hearing Conferences

Conference procedure

 

Rule 12 - Hearing Procedures

Failure to attend

Adjournment

Exclusion of witnesses, etc.

Copies of document for other party

Proof of fact or document subsequent to hearing

Order for documents

Interpreters

Subpoena

Service of subpoena

Duration of subpoena

Subpoena of opposing party

Failure to obey

 

Rule 13 - Form of Affidavits

Contents of affidavit

Exhibits

Scandalous, etc., matter in affidavit

 

Rule 14 - Discontinuance and Withdrawal

Effect of discontinuance

 

Rule 15 - Orders

Requiring an act to be done

Preparation of an order

Issue of order

Certification of order

 

Rule 16 - Transfer and Consolidation of a Proceeding and Exercise of Jurisdiction by Another Judge

Transfer of a proceeding

Consolidation

Exercise of jurisdiction

 

Rule 17 - Costs

 

Rule 18 - Practice Memoranda

 

Rule 19 - Ex parte Applications

 

Rule 20 - Costs on Judgment

 

Rule 21 - Proceedings under the Children and Family Services Act

Interpretation

Forms

Ex parte applications

Taking into care

Commencement of proceedings

Place of hearing

Joinder of proceedings

Interim hearings

Disclosure and discovery

Mediation, pre-hearing conferences

Protection hearing

Disposition hearing

Reviews

Termination of permanent care and custody orders and variation of access

Settlement and maintenance

Consent to treatment

Child abuse register

 

Rule 22 - Execution and Garnishee Orders

 

Rule 23 - Disclosure

Custody and access

Child maintenance

Spousal maintenance

 

Forms

Personal Representation Form

Form FC 1: Statement of Contact Information and Circumstances

Form FC 2: Parenting Statement

Form FC 3: Statement of Income

Form FC 4: Statement of Special or Extraordinary Expenses

Form FC 5: Statement of Undue Hardship Circumstances

Form FC 6: Statement of Expenses

Form FC 7: Waiver of Financial Statements

Form FCO 1: Interim Order for Child Maintenance

Form FCO 2: Order for a Paternity Test

Form FCO 3: Order

Form 6.02A: Notice of Application

Form 6.02B: Notice of Variation Application

Form 6.02C: Response to Application

Form 6.02D: Response to Variation Application

Form 6.11: Direction to Disclose

Form 6.12A: Order to Appear and Disclose

Form 6.12B: Order to Disclose

Form 6.13: Order for Disclosure by a Non-party

Form 6.15: Direction to Appear

Form 6.20: Court-Based ADR Record

Form 6.21: Notice to Appear in Court

Form 21.02A: Application

Form 21.02B: Order

Form 21.03A: Application and Affidavit for Production and Inspection of Records

Form 21.03B: Application and Affidavit for Investigative Order(s)

Form 21.03C: Application and Affidavit for Order to Locate and Detain Runaway Child

Form 21.03D: Application and Affidavit for Order to Enter and Search for Child

Form 21.04A: Notice of Taking into Care

Form 21.05A: Protection Application and Notice of Hearing

Form 21.10A: Order

Form 21.12A: Application for Disposition Order and Notice of Hearing

Form 21.12B: Agency Plan for the Child’s Care

Form 21.12C: Order of Dismissal

Form 21.12D: Supervision Order

Form 21.12E: Order for Temporary Care and Custody

Form 21.12F: Order for Permanent Care and Custody

Form 21.13A: Review Application and Notice of Hearing

Form 21.14A: Application Respecting Access Under an Order for Permanent Care and Custody and Notice of Hearing

Form 21.14B: Application to Terminate Order for Permanent Care and Custody and Notice of Hearing

Form 21.14C: Supervision Order

Form 21.14D: Order Terminating an Order for Permanent Care and Custody

Form 21.15A: Notice of Settlement

Form 21.15B: Acceptance of Settlement

Form 21.15C: Notice of Finding of Settlement

Form 21.16A: Application for Consent to Treatment and Notice of Hearing

Form 21.17A: Application for a Finding for Purposes of Entry in the Child Abuse Register

Form 21.17B: Notice of Objection

Form 21.17C: Notice of Default

Form 21.17D: Notice of Hearing

Form 21.17E: Order of Finding of Abuse

Form 21.17F: Application and Affidavit for Removal

Form 21.17G: Order of Removal

 


Rule 1 - Citation, Application and Interpretation


Citation

1.01     These Rules may be cited as the Family Court Rules.


Application

1.02     (1)  Subject to subrule (3), these Rules govern every proceeding in the Family Court for the Province of Nova Scotia.

 

            (2)  In a proceeding commenced in the court before the coming into of the force and effect of these Rules, the proceeding shall be continued in accordance with these Rules except where they cannot be adapted to the proceeding.

 

            (3)  These Rules shall not apply to any proceeding where they are, or appear to be, contradictory to any enactment under which an application is before the court.


Object of Rules

1.03     The object of these Rules is to secure the just, speedy, and inexpensive determination of every proceeding.


Application of Interpretation Act and Civil Procedure Rules

1.04     (1)  The Interpretation Act applies to these Rules and the Civil Procedure Rules apply at the discretion of the court, when no provision under these Rules is made.

 

            (2)  In these Rules “application” has the same meaning as “motion” in the Civil Procedure Rules, unless the context otherwise requires.


Definitions

1.05     In these Rules, unless the context otherwise requires,

 

“affidavit” includes a statutory declaration and an agreed statement of facts;

 

“applicant” means any person who makes an application pursuant to these Rules;

 

“application” means a proceeding started by filing a notice of application or notice of variation application;

 

Civil Procedure Rules” means Nova Scotia Civil Procedure Rules, 2008 2nd edition, as amended;

 

“counsel” means a person who is entitled to appear and represent a party in the Family Court pursuant to the Legal Profession Act;

 

 “court” means the Family Court or Judge thereof whether sitting in court or in chambers;

 

“document” includes a sound recording, photograph, film, plan, chart, graph, report, or record of any kind, or a certified copy thereof;

 

“enter judgment” means to deliver to the family court officer an order embodying a judgment or to make a formal record of the judgment;

 

“family court officer” means, for the purpose of these Rules, a person designated by the court as a family court officer;

 

“hearing” means the hearing of an application or a trial pursuant thereto;

 

“order” means an order or other decision or judgment of the court;

 

“party” means any person named in an application pursuant to these Rules;

 

“respondent” means any person who responds or replies to an application;

 

“response” means either the response to application or response to variation application provided for in this Rule;

 

“Rule” or “Rules” means the Family Court Rules.


Waiver of Rule by agreement

1.06     Unless the court otherwise orders, the parties may agree to waive any Rule.

Rule 1 replaced: O.I.C. 2014-400, N.S. Reg. 140/2014


Rule 2 - Effect of Non-compliance


Non-compliance with Rules

2.01     (1)  A failure in a proceeding to comply with any requirement of these Rules shall, unless the court otherwise orders, be treated as an irregularity and shall not nullify the proceeding, any step taken in the proceeding, or any document, or order therein.

 

            (2)  An application to set aside a proceeding for an irregularity shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.


Rule 3 - Time


Computation of time

3.01     Unless the contrary otherwise appears, the computation of time under these Rules, or any order of the court, is governed by the following provisions:

 

                   (a)    where there is a reference in an enactment to a number of days, or clear days or “at least” a number of days between two events, in calculating the number of days there shall be excluded Saturdays, statutory holidays and the days on which the events happen;

 

                   (b)    where a time is expressed to begin or end at, on, or with a specified day, or to continue to or until a specified day, the time includes that day;

 

                   (c)    where a time is expressed to begin after, to be from, of, or before a specified day, the time does not include that day;

 

                   (d)    where there is a reference to a period of time consisting of a number of months after or before a specified day, the number of months shall be counted from the specified day.


Time Definition Act

3.02     The Time Definition Act applies to these Rules.


Extension, etc. of time

3.03     (1)  The court may, on such terms as it thinks just, extend or abridge the period within which a person is required or authorized by these Rules, or by any order, to do or abstain from doing any act in a proceeding.

 

            (2)  The extension or abridgement of the period shall not be granted where the extension or abridgement is used to unnecessarily delay, or otherwise interfere with, the proceedings.


Rule 4 - Forms


Form

4.01     The forms in the appendices, or as prescribed by practice memorandum, shall be used where applicable with such variations as the circumstances of the particular proceeding require.


Rule 5 - Parties


More than one party

5.01     Subject to Rule 5.02, two or more persons, with leave of the court, may be joined together in one proceeding as either applicants or respondents.


Order separate trials

5.02     Where parties are joined in a proceeding and it may embarrass or delay the hearing, or the proceeding ought to be disposed of by a separate hearing, or it is otherwise inconvenient, the court may order separate hearings, or make such other order as is just.


Change of parties

5.03     (1)  The court may at any stage of a proceeding, on an ex parte application or its own motion, if it thinks it necessary in order to ensure that all matters in the proceeding may be heard, order a person to be made a party to the proceeding in substitution for the party and the proceeding to be carried on upon such other terms and conditions as if the person so made a party was a party to the original application.

 

            (2)  Any person made a party under this Rule may, within ten days after service of the order on him, apply to the court to have the order discharged or varied.

 

5.04     A party may be represented in a proceeding

 

            (1)  by any person authorized in the Barristers and Solicitors Act;

 

            (2)  with the permission of the court, by any other person who is not receiving remuneration for so appearing.


Guardian ad litem

5.05     (1)  Subject to subrule (2) a person under disability shall commence or defend a proceeding by a guardian ad litem unless the court otherwise orders.

 

            (2)  A person under the age of majority is not required to commence or defend a proceeding by a guardian ad litem unless the court so orders.

 

            (3)  Unless a Rule otherwise provides, anything in a proceeding that is required or authorized by the Rules to be done by a party shall or may, if the party is a person under disability, be done on the person’s behalf by the guardian ad litem.

 

            (4)  A guardian ad litem of a person under disability shall act by counsel.


Appointment of guardian ad litem

5.06     (1)  Unless the court otherwise orders, or an enactment otherwise provides, any person may be a guardian ad litem of a person under disability without being appointed by the court.

 

            (2)  Where a party has a guardian ad litem in a proceeding, no other person shall, unless the court otherwise orders, act as the guardian ad litem.

 

            (3)  When in the opinion of the court it is in the interest of a party who is a person under disability to do so, the court may remove, appoint, or substitute a guardian ad litem.

 

            (4)  Before the name of a person is used in a proceeding as the guardian ad litem, there shall be filed with the Family Court Officer,

 

                   (a)    such person’s written consent to be the guardian ad litem; or

 

                   (b)    where the person has been appointed a guardian ad litem by a court, a true copy of the order appointing him.

 

            (5)  Except where a guardian has been appointed under an enactment, the guardian acting in a proceeding shall file with the Family Court Officer a certificate certifying that he or she knows or believes,

 

                   (a)    the person to whom the certificate relates is a person under disability, giving the grounds of such knowledge or belief, and if a mentally incompetent person, that a guardian has not been appointed under any enactment; and

 

                   (b)    the guardian has no interest in the proceeding adverse to that person.


Settlement, etc. by person under disability

5.07     Where in any proceeding money is claimed by or on behalf of a person under disability, no settlement, compromise, payment or acceptance of money paid into court, whenever entered into or made, shall be valid without the approval of the court so far as it relates to that person’s claim.


Control of money recovered

5.08     Where an order is granted providing for the recovery of money by a person under disability, or that a proceeding be dismissed or stayed upon payment of the money to that person, the money shall be dealt with in accordance with the order.


Third person as party

5.09     Any person may, with leave of the court and subject to enactments respecting confidentiality, intervene in a proceeding and become a party thereto where, such person

 

                   (a)    claims, and to the satisfaction of the court by the filing of an affidavit containing the grounds for the intervention, can show a direct interest in the subject matter of the proceeding, concerning the enforcement of the judgment therein; or

 

                   (b)    has a right to intervene under an enactment or Rule.


As amicus curiae

5.10     Any person may, with the leave of the court and without becoming a party to a proceeding, intervene in the proceeding as a friend of the court for the purpose of assisting the court.


Rule 6 - Commencement of Proceedings


Definitions

6.01     In this Rule, unless the context otherwise requires,

 

“conferences” means either of the following:

 

                            (i)     “case management conference” means a judicial pre-hearing conference as set out in Rule 6.22,

 

                            (ii)    “settlement conference” means a judicial conference for settlement purposes to assist the parties in resolving an issue or issues in the proceedings;

 

“court-based ADR” means court-based assisted dispute resolution;

 

“deliver” means to provide a copy of a document to a designated address in accordance with Rule 6.03;

 

“family court officer”, for the purpose of Rule 6, means a court official at an office of the Family Court who performs duties and provides services on behalf of the court such as reviewing statements and documents submitted for filing, conducting court-based ADR, directing and ordering disclosure, arranging and scheduling for parties to appear before a judge, and determining interim child maintenance in some circumstances;

 

“file” means to provide a document to an office of the Family Court for the purpose of filing.


Information

6.02     (1)  A person who files a document for the first time in a proceeding must provide information to the family court officer by which the family court officer or a party may contact either the person or counsel who represents the person.

 

            (2)  The contact information must include a mailing address, which may be the designated address, and any other means by which the person or counsel is regularly contacted by others, such as a telephone number, an e-mail address, and a fax number.

 

            (3)  The party or counsel must advise the family court officer of a change in the contact information.

 

            (4)  A family court officer who is satisfied that a person may be at risk of harm may direct that a contact information be kept confidential and may assist a party to designate a neutral address for delivery.

 

            (5)  Delivery to the address provided pursuant to subrules (1) to (4) is sufficient for notice of a proceeding, or a step in a proceeding, under this Rule.


Family court officer filing

6.03     (1)  Upon receipt of an application, the family court officer shall

 

                   (a)    insert on the application a file number and date of filing;

 

                   (b)    impress thereon his or her signature and the seal of the court;

 

                   (c)    affix the place, time and date of the hearing; and

 

                   (d)    file a true copy thereof in his or her office.

 

            (2)  The file number assigned to a proceeding shall consist of

 

                   (a)    the letter “F” for a proceeding in the Family Court;

 

                   (b)    a letter designating the office where the proceeding is commenced, via [viz]:


Y

Yarmouth

AT

Antigonish

SB

Shelburne

PIC

Pictou

LP

Liverpool

T

Truro

BW

Bridgewater

K

Kentville

LB

Lunenburg

AR

Annapolis Royal

AM

Amherst

C

Comeauville

W

Windsor

 

 

D

Digby

 

 

BG

Barrington

 

 

 

                   (c)    the consecutive number of the proceeding in order of filing in that office.

 

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

 

            (4)  A proceeding permanently transferred to the office of another office of the Family Court shall be assigned a file number proper to that office which shall thereafter be the file number of the proceeding.


Facsimile transmissions

6.04     (1)  Any document may be delivered to and filed with the court by telephone facsimile transmission as provided in this Rule.

 

            (2)  A document may be served by a party on counsel of record in accordance with subrule (3).

 

            (3)  A document which is delivered by telephone facsimile transmission shall include a cover page indicating

 

                   (a)    the sender’s name, address, and telephone facsimile number;

 

                   (b)    the date and time of transmission;

 

                   (c)    the names of the parties in the proceeding and the file number, if one has been assigned;

 

                   (d)    the total number of pages transmitted, including the cover page;

 

                   (e)    the telephone facsimile number from which the document is transmitted;

 

                   (f)     the name and telephone number of a person to contact in the event of transmission problems.

 

            (4)  Subject to subrule (5), filing shall be deemed complete at the time the telephone facsimile transmission is received by the court and the filed facsimile shall have the same force and effect as the original.

 

            (5)  Documents filed by telephone facsimile transmission shall only be received on weekdays, excluding holidays, between 9:00 a.m. and 4:00 p.m. Within five days after the court has received the transmissions, the person filing the document shall deliver the original signed document to the court together with a filing fee and transmission fee as prescribed from time to time. Upon the filing of the original document it shall be clearly marked on the face “Sent by telephone facsimile transmission”, giving date and time of such transmission.

            

         (6)  Upon failure to comply with any of the requirements of this Rule, the court may make such orders as are just, including but not limited to,

 

                   (a)    an order striking pleadings or parts thereof;

 

                   (b)    an order removing the facsimile document from the file;

 

                   (c)    staying further proceedings until compliance is complete; or

 

                   (d)    dismissing the proceeding or any part thereof.

 

            (7)  Any certified document sent by the court by telephone facsimile transmission in accordance with subrule (3) shall be deemed to be a certified original document notwithstanding that the seal of the court is not impressed thereon. Such transmitted document may be further certified at the local office of the court by its proper officer.


Starting a proceeding

6.05     (1)  A person who wishes to start a proceeding must file

 

                   (a)    a Notice of Application which may be in Form 6.04A or Notice of Application to Vary which may be in Form 6.04B; and

 

                   (b)    documents, statements, and supporting disclosure required under the Rules unless a judge or family court officer determines that it is appropriate to accept the application notwithstanding that all supporting disclosure has not been filed.

 

            (2)  A person who wishes to start a proceeding must meet with a family court officer to be informed of the filing and disclosure obligations and comply with them, unless the family court officer is satisfied that all required information has been provided in the filed notice and all required documents, statements, and supporting disclosure have been filed.

 

            (3)  The family court officer must determine the next step to be taken on the basis of the information in the filed documents, statements, and supporting disclosure, and the next step may include any of the following:

 

                   (a)    a referral to an agency or service;

 

                   (b)    a referral to a family court officer for court-based ADR or case management, or both;

 

                   (c)    an appearance before a judge.

 

            (4)  A respondent in a proceeding started by notice of application may apply for an order by filing a response to application.

 

            (5)  A respondent who seeks to obtain relief that is different from the types of order claimed in the notice of application must file a response to application.

 

            (6)  A respondent must file a response to application no less than fifteen days before the day of the hearing, unless a court officer or judge directs otherwise.

 

            (7)  The response to application must contain the standard heading, be entitled “Response to Application”, be dated and signed, and may be in Form 6.04C.

 

            (8)  A respondent to a proceeding started by notice of variation application may apply for a variation of an order by filing a response to variation application.

 

            (9)  A respondent who seeks to obtain relief that is different from the relief claimed in the notice of variation application must file a response to variation application.

 

            (10)  A respondent must file a response to variation application no less than fifteen days before the day of the hearing, unless a court officer or judge directs otherwise.

 

            (11)  The response to variation application must contain the standard heading, be entitled “Response to Variation Application”, be dated and signed, and may be in Form 6.04D.


Disclosure by parenting statement and deadline for filing

6.06     (1)  A party who makes a claim for custody, for access, or about parenting of a child must file a parenting statement with the notice by which the claim is made.

 

            (2)  A party who responds to, or contests, a claim for custody, for access, or about parenting of a child must file a parenting statement with the response.


Disclosure by financial statements

6.07     (1)  A party who makes a claim for support, and the party against whom the claim is made, must make disclosure as required by the applicable legislation, including the Guidelines, and this Rule 6 is not intended to alter those requirements.

 

            (2)  Required disclosure of information must be made in the following financial statements, which are further provided for in Rules 6.08 and 6.10:

 

                   (a)    statement of income;

 

                   (b)    statement of special or extraordinary expenses;

 

                   (c)    statement of expenses;

 

                   (d)    statement of undue hardship circumstances;

 

                   (e)    statement of property.

 

            (3)  Parties who agree on the terms of an order for support, or a variation order for support, are not required to file financial statements if all of the following apply, unless a judge orders otherwise:

 

                   (a)    the order does not affect support for a child;

 

                   (b)    the agreement is in writing and signed by the parties or counsel on their behalf;

 

                   (c)    the parties sign and file a waiver of financial statements.


Disclosure of financial information for child support and other claims

6.08     (1)  A party who makes the following claim for child support, and the party against whom the claim is made, must file the following statement or statements:


Claim

Statement

child support in the table amount under the Guidelines and no other financial claim

by the party claiming – none

by the party claimed against – a statement of income

special or extraordinary expenses under the Guidelines

by the party claiming – a statement of special or extraordinary expenses

 

by both parties – a statement of income

if the child is able to contribute to the special or extraordinary expenses

by the party claiming – an additional statement of the child’s income or ability to contribute

child support that is different from the table amount, or the table amount plus special or extraordinary expenses

by both parties – a statement of income and a statement of expenses

if child support is also for a child who is nineteen years of age or older

by the party claiming – an additional statement of the child’s income and expenses

a claim that child support should be increased from, or decreased from, the table amount on the basis that child support in the table amount would cause undue hardship

by both parties – a statement of income and a statement of expenses


and


by both parties – obtained from the other members of their households, as defined in Schedule II of the Guidelines, a copy of the member’s income tax return and notice of assessment for the most recent tax year and any other information required to compare household standards of living in accordance with Schedule II


and


by the party claiming – a statement of undue hardship circumstances and the party’s calculation and comparison of the household standards of living, as provided in Schedule II


and


by the party against whom the claim is made – a separate calculation and comparison of the household standards of living, as provided in Schedule II may be filed

 

            (2)  A party who makes any of the following claims, and the party against whom the claim is made, must file the following statements:

 

Claim

Statement

spousal support

by both parties – a statement of income, a statement of expenses and a statement of property

 

and

 

by both parties – a statement of income, a statement of expenses and a statement of property of a person to whom the party is married, or with whom the party lives and has lived for two years or more as a common law partner, or with whom the party is a registered domestic partner

variation of an order for spousal support

a statement of income and a statement of expenses


and


a statement of income and a statement of expenses by a person to whom the party is married, or with whom the party lives and has lived for two years or more as a common law partner, or with whom the party is a registered domestic partner

 

Disclosure by affidavit

6.09     All parties in an application shall file an affidavit as directed by a judge or a family court officer.

 

Deadlines for filing financial statements

6.10     (1)  The following deadlines apply to the filing of statements or documents required by Rules 6.07 and 6.08:

 

                   (a)    a party who makes a financial claim must file the required statements with the notice that includes the financial claim;

 

                   (b)    a party who responds to a financial claim must file the required statements before the following deadlines after delivery of a direction to disclose:

 

                            (i)     not more than fifteen days after delivery in Nova Scotia,

 

                            (ii)    not more than thirty days after delivery elsewhere in Canada,

 

                            (iii)   not more than forty-five days after delivery outside Canada;

 

                   (c)    a party who claims that child support should be increased from, or decreased from, the table amount under the Guidelines on the basis that the table amount would cause undue hardship to a party or a child, must file the required statements and documents when the party files a notice in which the claim is made or, if there is no such notice, fifteen days after the day the other party delivers a required statement;

 

                   (d)    a party responding to an undue hardship claim who files calculations and comparison of the household standards of living, in accordance with Schedule II of the Guidelines, must file them no more than fifteen days after the day the calculations and comparison of the party claiming undue hardship are delivered.

 

            (2)  Despite Rule 6.10, a judge or family court officer may permit a party, or direct a party, to file a required statement, or a required copy of a document, before a different deadline.

 

Direction to disclose

6.11     (1)  A family court officer or judge may make a direction to disclose requiring a party to disclose relevant information by the applicable deadline in Rule 6.10 or a different deadline directed by a judge or a family court officer.

 

            (2)  A family court officer or judge may order a party who fails to make disclosure to appear before a family court officer or a judge and provide disclosure at that time, and a family court officer who is satisfied that the party received actual notice of the direction to disclose may do any of the following:

 

                   (a)    make an interim order for child support at the table amount under the Guidelines, under Rule 6.18;

 

                   (b)    dismiss all or part of an application or claim or adjourn the proceeding without day.

 

            (3)  The direction to disclose must be in Form 6.11.

 

            (4)  The direction to disclose may be delivered by mail, or other means determined by the family court officer.

 

Order to appear and disclose and order to disclose

6.12     (1)  A family court officer, or a judge, may make an order to appear and disclose that requires a party to appear before the family court officer, or judge, and do any of the following:

 

                   (a)    complete a required statement, file a required statement, or file a required document;

 

                   (b)    file any other document that discloses relevant information;

 

                   (c)    produce a document.

 

            (2)  The order for a party to appear and disclose must be in Form 6.12A.

 

            (3)  A family court officer, or a judge, may make an order to disclose that requires a party to do any of the following:

 

                   (a)    file a required statement or document;

 

                   (b)    file any other document that discloses relevant information;

 

                   (c)    otherwise, provide relevant information.

 

            (4)  The order to disclose must contain the standard heading, be entitled “Order to Disclose” and must be in Form 6.12B.

 

            (5)  A family court officer, or a judge, who is satisfied that a party fails to comply with an order to appear and disclose, or an order to disclose, may do any of the following:

 

                   (a)    make an order under Rule 6.13 for disclosure by a person who is not a party;

 

                   (b)    make an interim order for child support under Rule 6.18;

 

                   (c)    dismiss all, or part, of an application or claim or stay the proceeding.

 

            (6)  In addition to the remedies in Rule 6.12(5), a judge who is satisfied that a party fails to comply with an order to appear and disclose, or an order to disclose, may do any of the following:

 

                   (a)    make an order for costs against the party;

 

                   (b)    grant an application, in whole or in part, if it is the respondent who fails to appear or disclose;

 

                   (c)    make a contempt order;

 

                   (d)    make any other order the judge considers will achieve justice in the circumstance.

 

Order for disclosure by non-party

6.13     (1)  A family court officer who is satisfied on all of the following, may order a person who is not a party to disclose relevant information that is not privileged:

 

                   (a)    the information is in the person’s control;

 

                   (b)    the information is about a party’s income, expenses, employment, or contact information, such as the party’s address or telephone number;

 

                   (c)    the party fails to comply with an order to appear and disclose, or an order to disclose, or the party is evading service or cannot be located.

 

            (2)  In addition to an order made under Rule 6.13(1), a family court officer may make either of the following orders to obtain disclosure from a person who is not a party if the person does not file the documents as required under Rules 6.08 and 6.09:

 

                   (a)    an order that a member of a party’s household, as defined in Schedule II of the Guidelines, disclose information or produce documents required to make a calculation and comparison of household standards of living for the purposes of an undue hardship claim, as provided in Schedule II of the Guidelines;

 

                   (b)    an order that a person to whom a party is married, or with whom a party lives and has lived for two years or more as a common law partner, or with whom a party is a registered domestic partner, file a statement of income, a statement of expenses, and a statement of property or any one of these statements, or disclose information or produce documents required by these statements.

 

            (3)  A family court officer may permit a party to make an ex parte motion for an order for disclosure by a person who is not a party if a party fails to comply with an order to appear and disclose, or an order to disclose, or the party is evading service or cannot be located.

 

            (4)  An order under this Rule 6.13 may include a deadline for filing a financial statement or a document.

 

            (5)  The affidavit in support of disclosure by a person who is not a party must contain all of the following:

 

                   (a)    a summary of the steps taken in the proceeding;

 

                   (b)    information about the person who is not a party, including the name of the person, the name of the recognized agent of a corporation or partnership, and the address of the person or recognized agent;

 

                   (c)    a statement of the reasons for the party’s belief that the person has information relevant to the proceeding;

 

                   (d)    a description of the information sought.

 

            (6)  The order must contain the standard heading, be entitled “Order for Disclosure by a Non-Party”, be dated and signed, and include all of the following:

 

                   (a)    a summary of the particulars of the motion;

 

                   (b)    the name of the non-party required to make disclosure;

 

                   (c)    a description of the information required to be disclosed, a requirement that it be disclosed, direction on how it is to be disclosed, and a deadline for filing the document making the disclosure;

 

                   (d)    the name of the person, or of the recognized agent, and the person’s address for personal service under Rule 6.13(8);

 

                   (e)    the name, telephone number, and fax number of the family court officer and the address of the office of the court for filing;

 

                   (f)     notice of the person’s right to make a motion to appeal, set aside, or vary the order made by a family court officer.

 

            (7)  The order for disclosure by a non-party may be in Form 6.13.

 

            (8)  A family court officer must arrange, or direct one of the parties to arrange, to personally serve a non-party with an order for disclosure by non-party.

 

            (9)  Notwithstanding any provision of this Rule, at any stage of the proceeding, when full financial disclosure as required by the Guidelines has not been made, the family court officer may refer the matter to a judge for direction and/or order.

 

Court-based ADR

6.14     (1)  The court-based ADR process includes the following steps, and the family court officer must proceed with a step to the extent that the family court officer is satisfied that the step is necessary to promote the just resolution of the proceeding:

 

                   (a)    identify the issues involved;

 

                   (b)    ensure proper disclosure by the parties concerning those issues;

 

                   (c)    clarify the respective positions of the parties;

 

                   (d)    facilitate negotiations between the parties;

 

                   (e)    assist the parties to reach a resolution;

 

                   (f)     determine the next steps required in the proceeding.

 

Court-based ADR meeting and directions

6.15     (1)  A family court officer who is satisfied it may promote the just resolution of the proceeding must arrange a court-based ADR meeting or meetings and give directions for the time, place, and conduct of the meeting or meetings.

 

            (2)  A family court officer who arranges a court-based ADR meeting may require a party to appear [at], and to participate in, the meeting by delivering to the party a direction to appear.

 

            (3)  A direction to appear must contain the standard heading, be entitled “Direction to Appear”, be dated and signed, and may be in Form 16.15.

 

            (4)  The direction to appear may be delivered by mail, or other means determined by the family court officer, and the family court officer may cause a direction to disclose under Rule 6.11 to be delivered with it.

 

Conduct of court-based ADR

6.16     (1)  A family court officer may do any of the following during the court-based ADR process:

 

                   (a)    arrange a court-based ADR meeting or further court-based ADR meetings;

 

                   (b)    adjourn a court-based ADR meeting;

 

                   (c)    refer the parties to mediation;

 

                   (d)    make an order to appear and disclose, or an order to disclose, against a party who fails to appear or disclose;

 

                   (e)    prepare a draft consent order;

 

                   (f)     prepare a court-based ADR record;

 

                   (g)    make an order under Rule 6.13 for disclosure by a person who is not a party;

 

                   (h)    make an interim order for child support under Rule 6.18;

 

                   (i)     arrange for the parties to appear before a judge;

 

                   (j)     refer the parties to a person or agency that provides a required service;

 

                   (k)    recommend to a judge that the judge order a parenting assessment report;

 

                   (l)     direct any other step that may lead to a resolution of the issues.

 

            (2)  A family court officer may require a party to provide particulars of a claim at any time in the proceeding.

 

Consent order in court-based ADR

6.17     (1)  A family court officer who conducts a court-based ADR in which the parties reach an agreement on one or more of the issues must prepare a draft consent order that conforms with the agreement and advise each party to obtain independent legal advice about the draft consent order.

 

            (2)  A draft consent order signed by the parties must be referred to a judge for approval no less than ten days after the day the draft order is filed, unless a party files a letter of objection in that time.

 

            (3)  When an objection to a draft consent order is filed within the time provided in [this] Rule 6.17, a family court officer may either refer the issues back for court-based ADR or arrange for the parties to appear before a judge.

 

Interim order for child support

6.18     (1)  A family court officer who is satisfied on both of the following, may make an interim order for child support in the table amount under the Guidelines, and no other amount:

 

                   (a)    the party against whom the order is sought has not already been ordered to pay support for the same child;

 

                   (b)    the family court officer has complete financial disclosure as provided in the Guidelines of the party against whom the order is sought.

 

Variation of, or setting aside, a family court officer’s order

6.19     (1)  A party who fails to appear or disclose by mistake, because of insufficient notice, or for other good reason, may make an application to a family court officer to set aside or vary an order made under Rule 6.11, Rule 6.12, Rule 6.16, or Rule 6.18, no more than ten days after the day the order is delivered to the party.

 

            (2)  A person affected by an order of a family court officer made under Rule 6.13, may make an application to the family court officer who made the order, to set aside or vary the order, no more than ten days after the day the order is delivered to the person and the family court officer may set aside or vary the order.

 

            (3)  A family court officer may set aside or vary an order made by that family court officer.

 

            (4)  Should an application made pursuant to subrule (1) or (2) be dismissed by a family court officer, the family court officer shall, at the request of a party, refer a proposed order to a judge, who may make such order as is just or refer it back to the family court officer with directions.

 

Court-based ADR record

6.20     (1)  A family court officer may file a court-based ADR record at any stage of the court-based ADR process.

 

            (2)  A family court officer must file a court-based ADR record when the family court officer is satisfied that the court-based ADR process has concluded without all issues being settled, unless a judge directs otherwise.

 

            (3)  The court-based ADR record must contain the standard heading, be entitled “Court-based ADR Record”, be dated and signed by the family court officer, and may be in Form 6.20.

 

            (4)  The family court officer who files a court-based ADR record must deliver a copy to each party at least four days before the day the parties are to appear before a judge.

 

            (5)  A party may object to any part of a court-based ADR record by filing a letter summarizing the objection no more than two days after the day the record is delivered to the party.

 

            (6)  The court-based ADR record constitutes evidence at the hearing, except any part that is the subject of a written objection, and that part may be considered by a judge who rules against the objection.

 

Referral to court

6.21     (1)  A family court officer shall issue a “Notice to Appear in Court” which may be in Form 6.21 when the following conditions have been established:

 

                   (a)    the proceeding is not withdrawn or discontinued;

 

                   (b)    the proceeding is not dismissed or adjourned without day by a court officer;

 

                   (c)    the proceeding is not resolved by a consent order following court-based ADR;

 

                   (d)    the proceeding is not resolved by a consent order or written agreement, including a separation agreement or minutes of settlement, filed by a party;

 

                   (e)    the applicant has filed all affidavits, documents, statements, and supporting disclosure required by this Rule 6;

 

                   (f)     the respondent has filed all affidavits, documents, statements, and supporting disclosure required by this Rule 6, or all reasonable steps have been taken to obtain the required information.

 

            (2)  Notwithstanding any provision of Rule 6.21 [subrule] (1), at any stage of the proceeding, the family court officer may refer the matter to a judge for direction, conference and/or order.

 

            (3)  A family court officer may arrange, or direct one of the parties to arrange, to personally serve a “Notice to Appear in Court” upon the parties to the matter.

 

Conference

6.22     (1)  A judge or a family court officer may arrange a pre[-]hearing conference with a judge.

 

            (2)  A judge may give directions for the conduct of a proceeding and, otherwise, provide case management.

 

            (3)  A judge who conducts a conference may give direction or make an order as follows:

 

                   (a)    appoint a time, date, and place for a settlement conference if all of the parties agree to participate;

 

                   (b)    set a time, date, and place for a further conference to organize the hearing of the application;

 

                   (c)    refer the parties to court-based ADR or mediation;

 

                   (d)    order a parenting assessment report under Section 32F of the Judicature Act or Section 19 of the Maintenance and Custody Act;

 

                   (e)    require a party to present direct evidence by calling a witness rather than presenting an affidavit from the witness;

 

                   (f)     appoint a time, date, and place for the hearing of the application;

 

                   (g)    do anything that may aid the disposition of the proceeding.

 

            (4)  A judge who presides at a conference that a party fails to appear [at] may do any of the following:

 

                   (a)    make an interim or final order, such as an order for custody, access, or child support;

 

                   (b)    order costs against the party;

 

                   (c)    order a person who is not a party to disclose information;

 

                   (d)    dismiss the proceeding or motion, strike a claim, response, or answer, or stay the proceeding;

 

                   (e)    start contempt proceedings against the party.

 

            (5)  A family court officer who presides at a conference under a designation by the Associate Chief Judge of the Family Court may recommend to a judge that the judge do anything provided in Rule 6.22 [subrule] (4).

 

Settlement conference procedure

6.23     (1)  A judge or a family court officer who is satisfied that holding a settlement conference may assist in resolving an issue in the proceeding may appoint a time, date, and place for a settlement conference, at any stage of a proceeding, if all of the parties agree to participate.

 

            (2)  A judge who is assigned to conduct a settlement conference may give directions about preparation for, and conduct of, the conference.

 

            (3)  A family court officer may do either of the following:

 

                   (a)    give directions on filing requirements to the parties before a settlement conference;

 

                   (b)    request [that] the judge provide directions on filing requirements and communicate the judge’s directions to the parties before the conference.

 

            (4)  The parties must file a settlement conference brief containing all of the following, unless a family court officer or a judge directs otherwise:

 

                   (a)    a brief statement of the relevant facts;

 

                   (b)    a statement of the issues to be resolved;

 

                   (c)    a summary of the proposals for settlement;

 

                   (d)    any other information that will assist the judge, including a list of any financial statement, expert report, and parenting assessment report relied on, and summarized in, the statement of facts and summary of proposals.

 

            (5)  An applicant must file the settlement conference brief at least ten days before the day of the settlement conference and a respondent must file the settlement conference brief at least five days before that day, unless a family court officer or judge directs otherwise.

 

            (6)  A judge may cancel a settlement conference and may make an order for costs against a party who, after agreeing to participate in a settlement conference, fails to comply with all of the following:

 

                   (a)    any directions provided under Rules 6.23 [subrules] (2) and (3);

 

                   (b)    the filing requirements and deadline for the settlement conference brief under Rules 6.23 [subrules] (4) and (5);

 

                   (c)    the requirement to appear at the settlement conference at the appointed date and time.

 

Paternity test

6.24     A family court officer, on the consent of the parties, may make an order for a paternity test in a proceeding in which the paternity of a child is in issue, including a blood test under subsection 27(1) of the Maintenance and Custody Act, and a genetic test under Section 11B of the Vital Statistics Act.

 

Parent information program

6.25     (1)  A party to a proceeding that involves a child must attend the court’s parent information program, unless the party is exempted from attending under Rule 6.25 [subrule] (5).

 

            (2)  One of the following must occur before a proceeding that involves a child may be heard by a judge:

 

                   (a)    the party initiating the proceeding provides proof of attendance at the parent information program;

 

                   (b)    the party is exempted from attending under Rule 6 [subrule (5)];

 

                   (c)    a court officer or judge determines the hearing must be held so quickly that attendance in the program is not possible prior to the hearing.

 

            (3)  The following are examples of circumstances in which a hearing may be held quickly:

 

                   (a)    a party alleges that a child has been, or is likely to be, kidnapped or abducted;

 

                   (b)    a party alleges that a unilateral change in the child’s physical care and custody or principal residence has occurred, or is about to occur.

 

            (4)  A party who is permitted to attend the parent information program after a hearing, because the hearing is held quickly, must arrange to attend the program as soon as possible after the hearing.

 

            (5)  A family court officer or judge may exempt a party from attending the parent information program in any of the following circumstances:

 

                   (a)    before or at the first conciliation meeting, the parties make an agreement, or agree to a consent order, settling all issues that involve a child between them;

 

                   (b)    a party starts the proceeding only to register an agreement;

 

                   (c)    the parties attended the parent information program under this Rule no more than twelve months before the day the application is filed;

 

                   (d)    other exceptional circumstances.

 

            (6)  A judge may make any of the following orders against a party who fails to attend a parent information program and does not obtain an exemption:

 

                   (a)    costs;

 

                   (b)    dismissal of a claim made by the party or allowance of a claim made against the party;

 

                   (c)    an order restricting the party’s participation in a hearing;

 

                   (d)    any other order the judge considers will achieve justice in the circumstance.

Rule 6 replaced: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

Rule 7 - Service

 

General provision

7.01     (1)  Except where these Rules or an enactment otherwise provides, the following documents shall be personally served on each respondent:

 

                   (a)    an application;

 

                   (b)    such other documents as the court may require to be personally served.

 

            (2)  Service of a true copy of a document shall be service of the original document, but if the person served so requests, he or she shall be shown the original document or a copy thereof certified by the Family Court Officer as being a concurrent or true copy.

 

            (3)  A person who serves the document shall, at the time of service, request the person served to complete and sign in his or her presence the acknowledgement of service and the statement of mailing address endorsed on the document and shall sign his or her name as witness to any signature thereto.

 

            (4)  Service on any person of a document, not being a document required by these Rules to be served personally, may be served

 

                   (a)    by leaving the document or a copy at the person’s proper address;

 

                   (b)    by mailing the document or a copy addressed to the person at his or her last known address;

 

                   (c)    in such other manner as the court may order.

 

Substituted service

7.02     (1)  Where it is impracticable for any reason to serve an application or other document required to be served personally, the court may make an order for substituted service.

 

            (2)  Substituted service may be effected by

 

                   (a)    serving the agent, counsel or other representative of the person to be served;

 

                   (b)    serving the guardian where the person to be served is incompetent, a person under disability, or an infant;

 

                   (c)    registered mail forwarded to the last known address of the person to be served; or,

 

                   (d)    where an address of the person to be served is unknown, by advertisement in the newspaper serving the area where the person to be served is believed to reside.

 

Affidavit of service

7.03     (1)  The service of any document may be proved by an affidavit which shall state by whom the document was served, the day of the week, the time of day, the date on which it was served, where it was served, and how it was served.

 

            (2)  Where the document is served by mail, service may be proved by affidavit which states the place of mailing and the address to which it was sent.

 

            (3)  A written acceptance of service of a document by a party need not be verified by affidavit.

 

            (4)  Where an application is to be served on a person elsewhere than in Canada or one of the States of the United States of America, service of the application on the person is only permissible with the leave of the court.

 

No service in certain cases

7.04     Where under a Rule, a document is required to be served on a person but is not required to be served personally, and, at the time when service is to be effected, the person is in default as to filing a response or appearing on an application or has no address for service, the document need not be served on that person unless the court otherwise orders or a Rule otherwise provides.

 

Rule 8 - Amendment

 

Of a document in a proceeding

8.01     A party may amend any document filed by the party, other than an order,

 

                   (a)    once without the leave of the court, if the amendment is made at any time five days before the hearing of an application;

 

                   (b)    at any other time if the written consent of all the parties is filed;

 

                   (c)    at any time with the leave of the court.

 

By the court

8.02     (1)  The court may grant an amendment under this Rule at any time, in such manner, and on such terms as it thinks just.

 

            (2)  Where any amendment would make a document difficult, inconvenient to read or alter the substance of the document, a new document, as amended, and bearing the date of the original document, shall be filed and served upon all the parties.

 

            (3)  Clerical mistakes in judgments or orders, or errors arising therein from any accidental mistake or omissions, or an amendment to provide for any matter which should have but was not adjudicated upon, may at any time be corrected or granted by the court without appeal.

Rule 9 - Reply

 

9.01     Unless the court otherwise orders, a respondent may file a reply to an application with the Family Court Officer before the hearing.

 

Rule 10 - Admissions and Expert Witnesses

 

Voluntary admissions

10.01   (1)  A party may give notice, at the hearing or otherwise in writing, that he or she admits the truth of the whole or any part of the case of any other party.

 

            (2)  The court may at any time allow any party to withdraw any admission or denial upon such terms as are just.

 

Expert witnesses

10.02   (1)  Where the court requests the filing of a report pursuant to an enactment over which the court has jurisdiction, any party may, on giving reasonable notice to the other parties, call one expert witness to give evidence on any question unless the court otherwise approves.

 

            (2)  The court may order the filing of the report with the other party and the court at such times as the court deems reasonable.

 

            (3)  Unless an opposite party has been given a written report of an expert witness not requested by the court, at least five days before the commencement of a hearing, the evidence shall not be admissible without the approval of the court, which may be granted on such terms as are just.

 

10.03   (1)  A letter or report filed pursuant to subrule 10.02 (1) from a duly qualified physician, psychologist, social worker, teacher or other professional or from an employer respecting the income, deductions and other employment facts of an employee who is before the court, may be admitted as evidence in a hearing without calling the author of the report if a copy of the letter or report is furnished to the parties at least five days before the hearing.

 

            (2)  A party or the court may require, on two days notice, the attendance of a person who has authored the letter or report to give evidence respecting the letter or report.

 

Rule 11 - Pre-hearing Conferences

 

Conference procedure

11.01   (1)  In any proceeding the court may, on its own motion or on the application of any party, direct the parties to appear for a conference to consider,

 

                   (a)    the simplification of the issues;

 

                   (b)    the necessity or desirability of an amendment to any application, affidavit or notice;

 

                   (c)    the possibility of obtaining admissions of fact or of documents that will avoid unnecessary proof;

 

                   (d)    limiting the number of expert witnesses;

 

                   (e)    resolving one or more of the issues which may produce a settlement;

 

                   (f)     organizing the trial process including the production of documents, affidavits, exhibits and determining the witnesses who are to testify;

 

                   (g)    provide [providing] interim relief when agreement is reached or when proper notice has been given and affidavit evidence is filed;

 

                   (h)    any other matter that may aid in the disposition of the proceeding.

 

            (2)  Following the conference the court may make an order reciting the results and giving such directions as the court deems advisable and the order, when entered, shall control the subsequent course of the proceeding, unless or until modified at the hearing to prevent injustice.

 

            (3)  The judge who presides at a conference shall not be deemed to be seized with the proceeding, and any trial or hearing therein may be heard by that judge or any other judge.

 

Rule 12 - Hearing Procedures

 

Failure to attend

12.01   (1)  When a proceeding is called for hearing the court may order the proceeding to be struck off the list of cases for hearing if parties fail to attend.

 

            (2)  When a proceeding is called for hearing and any party fails to appear, the court may,

 

                   (a)    proceed with the hearing, or any issue therein, in the absence of the party;

 

                   (b)    if the applicant appears and the respondent fails to appear, allow the applicant to prove the application and dismiss a reply, if any;

 

                   (c)    if the applicant fails to appear and the respondent appears, dismiss the application and allow the respondent to prove the reply, if any;

 

                   (d)    make such other order as is just, including a warrant in the first instance where a respondent appears to be avoiding service or is failing to respond to an application about which the court believes the respondent knows to exist.

 

            (3)  Where a party or the parties fail to attend, the court may order costs, as it deems just.

 

            (4)  Judgment on a failure to appear shall not be entered against a respondent under this Rule unless the court is satisfied the respondent had notice of the hearing or had been served as directed by these Rules or the enactment under which the application was made.

 

            (5)  Unless the court otherwise orders or a Rule otherwise provides, a respondent who fails to appear at the hearing of an application shall not be entitled to receive notice of any subsequent steps taken in the proceeding against him.

 

            (6)  The parties shall immediately furnish the Family Court Officer with any information that may affect the estimated duration of a hearing, or any information as to the settlement or discontinuance of a proceeding, and if settled or discontinued they shall take such steps as are necessary to discontinue or dismiss the proceeding.

 

Adjournment

12.02   Where a hearing cannot be conveniently heard or completed at a sitting, the court may adjourn the hearing to another sitting.

 

Exclusion of witnesses, etc.

12.04   The court at a hearing may,

 

                   (a)    order any witness to be excluded from the court until called;

 

                   (b)    where a party intends to give evidence, order the party to be examined before any other witness on that party’s behalf;

 

                   (c)    order any party or witness not to communicate with any other witness before the latter witness gives evidence;

 

                   (d)    where there has been an improper communication, exclude the testimony of any party or witness.

 

Copies of document for other party

12.05   A party shall be entitled to a copy of relevant documents to be used in a hearing on making a written request from any other party, provided the request is not calculated to delay or otherwise interfere with due process.

 

Proof of fact or document subsequent to hearing

12.06   Where through an accident, mistake or other cause a party fails to prove any material fact or document, the court may proceed with the hearing subject to the fact or document being subsequently proved in such manner and at such time and place as the court directs, subject to such terms as may be just.

 

Order for documents

12.07   (1)  The court may at any time,

 

                   (a)    order any party to file and serve on any opposing party to a proceeding a list of documents or affidavits;

 

                   (b)    order any party to file or deliver any documents or affidavits related to the matters specified in the order;

 

                   (c)    where it appears that any issue or question in the proceeding should be determined before the filing and delivery of all or any of the documents is made, order that the issue or question be determined;

 

                   (d)    where satisfied that all or any of the documents is not necessary at that time or later, dismiss or adjourn the application, or make such other order as is just.

 

            (2)  Where is [a] person is compelled to produce a document at a hearing, the court may order the person to attend at any time to produce the document.

 

Interpreters

12.08   The court may appoint an interpreter, fix reasonable compensation, and order the compensation to be paid out of funds provided by law for that purpose, or by one or more of the parties as costs.

 

Subpoena

12.09   (1)  A Family Court Officer who is a justice of the peace may, in his or her discretion, or at the request of a party, issue a subpoena requiring the person named in the subpoena to attend the court at the time and place stated therein, if required, to produce certain documents at the hearing.

 

            (2)  A person is bound to appear or give evidence pursuant to a subpoena notwithstanding that the person has not been paid or tendered witness fees as provided by the Costs and Fees Act.

 

Service of subpoena

12.10   (1)  A copy of the subpoena shall be served by personal service and if the witness so requests the original subpoena shall be produced and shown.

 

            (2)  Unless otherwise ordered, a subpoena shall be served no later than two days before the date of the hearing.

 

            (3)  Service of a subpoena may be proved by affidavit.

 

Duration of subpoena

12.11   A subpoena continues to have effect until the conclusion of the hearing at which the attendance of the witness is required.

 

Subpoena of opposing party

12.12   A party who desires to call an opposing party as a witness at a hearing shall serve the party, or his or her counsel, at least two days prior to the hearing with a subpoena and if the opposing party does not attend the hearing, the court may pronounce judgment against the party or postpone the hearing upon such terms as it thinks just.

 

Failure to obey

12.13   Where a witness fails to obey a subpoena, he or she may be dealt with according to law.

 

Rule 13 - Form of Affidavits

 

13.01   (1)  An affidavit used in a proceeding shall be,

 

                   (a)    entitled in the proceeding, except where there is more than one applicant or respondent or proceeding when it shall be sufficient to state the name of the first applicant, respondent and proceeding followed by the words “and others” or “and other proceedings”, as the case may be;

 

                   (b)    expressed in the first person and state the name in full, place of residence and occupation of the deponent, and if a party, or the counsel, agent or employee of a party, it shall state that fact;

 

                   (c)    divided into paragraphs numbered consecutively, with each paragraph being confined as far as possible to a distinct portion of the subject, and any dates, sum, and other numbers may be expressed in figures;

 

                   (d)    signed by the deponent with the jurat completed and signed by the person before whom it is sworn.

 

Contents of affidavit

13.02   (1)  An affidavit used on an application may contain statements as to the belief of the deponent with the sources and grounds thereof.

 

            (2)  Unless the court otherwise orders, an affidavit used on a hearing shall contain only such facts as the deponent is able to prove from his or her own knowledge.

 

Exhibits

13.03   An exhibit referred to in an affidavit as being produced, attached or otherwise annexed shall be identified with a certificate by the person before whom it is sworn.

 

Scandalous, etc., matter in affidavit

13.04   The court may order any matter that is scandalous, irrelevant or otherwise oppressive to be struck out of an affidavit.

 

Rule 14 - Discontinuance and Withdrawal

 

14.01   At any time after a proceeding is begun:

 

                   (a)    an applicant may discontinue the proceeding, or withdraw any cause of action therein, against any respondent;

 

                   (b)    a respondent may withdraw the reply or response or any part thereof against any applicant;

 

by filing and serving a notice of discontinuance or withdrawal.

 

14.02   Upon the filing of a notice of discontinuance or withdrawal the court may granted [grant] an order containing such terms as to costs, the bringing of any subsequent proceeding, or otherwise, as are just and within the jurisdiction of the court.

 

Effect of discontinuance

14.03   Subject to the terms of an order granted by the court, the discontinuance of a proceeding or withdrawal of a cause of action therein shall not be a bar to a subsequent proceeding for the same, or substantially the same, cause of action.

 

Rule 15 - Orders

 

Requiring an act to be done

15.01   An order that requires a person to do or refrain from doing any act, shall specify the time within which the person is to do or refrain from doing the act.

 

Preparation of an order

15.02   An order shall be drawn by the successful party, or by the court as the circumstances warrant, and entered with the Family Court Officer provided that when an order is not entered within ten days after the judgment, decision or direction is given, any other party may draw up, settle and enter the order.

 

Issue of order

15.03   (1)  An order shall contain,

 

                   (a)    the title of the proceeding;

 

                   (b)    the name of the judge who granted it;

 

                   (c)    recitals of the proceedings on which it is based;

 

                   (d)    the operative parts of the order divided into convenient paragraph[s];

 

                   (e)    the date the decision was rendered as well as the date the order is issued;

 

                   (f)     the name and seal of the court and the name of the judge who authorized it; and

 

                   (g)    the signature of the Family Court Officer by whom it is issued.

 

            (2)  An order shall be as prescribed in these Rules with any variation that the circumstances require.

 

Certification of order

15.04   Subject to subrule 6.03(7) an order shall be certified by a Family Court Officer by signing a copy, certifying it is a true copy, and affixing the seal of the court.

 

Rule 16 - Transfer and Consolidation of a Proceeding

and Exercise of Jurisdiction by Another Judge

 

Transfer of a proceeding

16.01   The court may at any time order a proceeding to be transferred to another office of the Family Court and when transferred the proceeding shall be entitled and continued in the latter office.

 

Consolidation

16.02   Where two or more proceedings are pending in the court, the court may order the proceedings to be consolidated on such terms as it thinks just, or may order them to be tried at the same time, or one immediately after another, or may order any of them to be stayed until after the determination of any other of them.

 

Exercise of jurisdiction

16.03   (1)  Where an application ought to be made to, or any jurisdiction exercised by, a judge before whom a proceeding has been heard or tried in whole or in part, and the judge dies, retires or ceases for any reason to be a judge of the court, or for any other reason it is impossible or inconvenient for the judge to act in the proceeding any judge of the court may, either by a special order in the proceeding, or by a general order applicable to any class of proceeding, nominate another judge to whom the application may be made or by whom the jurisdiction may be exercised.

 

            (2)  A judge nominated under paragraph (1) may make an order or render a judgment in a proceeding on the evidence already adduced or may rehear evidence.

 

Rule 17 - Costs

 

17.01   (1)  The amount of costs shall be awarded at the discretion of the court.

 

            (2)  Costs may be collected in accordance with the procedure provided for collection of maintenance or in such other manner as the court directs.

 

            (3)  Costs, at the discretion of the court, may be payable to the court, the party, his or her counsel or such other person as the court may direct.

 

Rule 18 - Practice Memoranda

 

18.01   A judge, a group of judges, or the Rules Committee, may issue practice memoranda not inconsistent with these Rules, for the better operation of these Rules and the functioning of the court.

 

Rule 19 - Ex parte Applications

 

19.01   A notice of an ex parte application shall set forth with sufficient particularity the nature of the claim being made and have attached thereto a true copy of any affidavit to be used in support of the application, but it shall not be necessary to claim for general or other relief, or for costs.

 

19.02   (1)  An application may be made ex parte where,

 

                   (a)    under an enactment or Rule, notice is not required;

 

(b)    the application is made before any party is served;

 

(c)    the applicant is the only party;

 

(d)    the application is made during the course of a trial or hearing;

 

                   (e)    the court is satisfied that the delay caused by giving notice would or might entail serious mischief, or that notice is not necessary.

 

            (2)  A notice of application and any supporting affidavit shall be filed with the Family Court Officer before the hearing.

 

(3)  The court may, on such terms as it thinks just, order

 

                   (a)    a notice of application and any attached affidavit to be served upon any party or person in such manner and at such time as it may direct, and may adjourn any hearing to permit the service;

 

                   (b)    the service of a notice of application and any attached affidavit on a party or person to be dispensed with;

 

                   (c)    an application to be adjourned, continued, discontinued or dismissed when any person, who ought to have been served, has not been served.

 

Rule 20 - Costs on Judgment

 

20.00   A judgment entered pursuant to Section 39 of the Maintenance and Custody Act may be for costs and for a sum not exceeding the amount outstanding on the maintenance order as of the date of entry of judgment.

 

Rule 21 - Proceedings under the Children and Family Services Act

 

Interpretation

21.01   In this Rule,

 

                   (a)    “Act” means the Children and Family Services Act;

 

                   (b)    “protection application” means an application to determine whether a child is a child in need of protective services pursuant to Section 32 of the Act;

 

                   (c)    “Rules” mean the Family Court Rules;

 

                   (d)    “Section” means the applicable Section of the Act;

 

                   (e)    “working day” means a weekday from Monday to Friday, but does not include a holiday or any other day when the applicable office of the court, as defined by practice memorandum, is closed for business, and, in computing “within five working days”, the time does not include the day when the child is taken into care or the protection application is filed.

 

Forms

21.02   Where no form is otherwise prescribed by this Rule for an application or an order, an application may be in Form 21.02A and an order may be in Form 21.02B.

 

Ex parte applications

21.03   An application for an order under Sections 26, 29 or 34 shall be made in Form 21.03A, 21.03B, 21.03C or 21.03D as is applicable, specifying the order sought.

 

Taking into care

21.04   Where a child is taken into care, an agent shall forthwith serve a Notice of Taking Into Care in Form 21.04A personally upon the parent or guardian if known and available to be served.

 

Commencement of proceedings

21.05   (1)  A protection proceeding shall be commenced by the agency filing a protection application in Form 21.05A, supported by an affidavit setting out the reasonable and probable grounds relied upon by the agency for a finding that the child is in need of protective services and the contents of the interim order requested.

 

            (2)  Where a child has been taken into care prior to a protection application being filed, the agency shall thereafter, as soon as practicable, file a protection application as required by subrule (1).

 

Place of hearing

21.06   (1)  A protection application shall be heard in the location of the court most convenient to the child’s place of ordinary residence or, if the child has no ordinary residence in the Province, in the location of the court where the application is filed by the agency.

 

            (2)  Upon application by a party or upon the court’s own motion, a proceeding under this Rule may be transferred to another location where the court sits.

 

            (3)  As soon as practicable after the filing of a protection application, the agency shall file with the court a certified extract from the Registration of Birth for each child who is the subject of the protection application.

 

Joinder of proceedings

21.07   Any proceeding in the court involving the custody or access of a child may be joined or consolidated with a protection proceeding, in accordance with Rule 16.02.

 

Interim hearings

21.08   (1)  Service of the protection application and supporting affidavit shall be effected by personal service, not less than two days prior to the interim hearing, unless waived by the party or by the court, before or at the interim hearing.

 

            (2)  Where the agency is unable to serve a party in accordance with subrule (1), despite reasonable efforts to do so within the time available, the court shall proceed with the hearing required by Section 39(l) and (2), and may make such further directions respecting service, including substituted service, as are just and necessary in the circumstances.

 

            (3)  For the purposes of the hearing required by Section 39(l) and (2), the five-day time limit of Rule 10.02(3) shall not apply and a letter or report pursuant to Rule 10.03(1) may be admitted without compliance with the five-day notice requirement or with the provisions of Rule 10.03(2).

 

            (4)  At the commencement of an interim hearing, the court shall first satisfy itself that the agency has met its obligations of disclosure pursuant to Section 38(l) and, where that obligation has not been satisfied, the court shall, during any period of adjournment of the interim hearing, make such orders as are necessary to effect such disclosure in accordance with Rule 21.09.

 

            (5)  In determining whether there are reasonable and probable grounds to believe that the child is in need of protective services pursuant to Section 39(2) and (3), the court shall decide the question solely upon any affidavits filed by any party, unless leave of the court is granted to hear viva voce evidence.

 

            (6)  Where an interim hearing is adjourned pursuant to Section 39(3), the court shall make an interim order pursuant to Section 39(4) for no longer than is reasonably necessary to complete the interim hearing, subject to the time limits set out in Section 39(4).

 

            (7)  At the interim hearing, as soon as is practicable in the circumstances, the court shall determine whether the child is a party and entitled to representation in accordance with Section 37 and shall make such directions respecting the child’s party status, representation, presence at hearings, participation and service of documents upon the child as are just and necessary in the circumstances, having regard to the child’s best interests.

 

            (8)  Upon the application of any other person, pursuant to Section 36(l)(f), the court may add that person as a party at the interim hearing, only where that person’s presence as a party is necessary to determine the matters in issue.

 

            (9)  Upon the application of a party, an interim order may be varied or terminated and, where a child has been taken into care by an agency after the commencement of the proceeding, the agency shall file the application to vary as soon as practicable, and serve the application upon the other parties not less than two days prior to the hearing, unless service is waived by the party or the court, before or at the hearing.

 

          (10)  A judge of the court who makes any interim order pursuant to Sections 39(3) or 39(4) is not seized with the proceeding, but is not disqualified from conducting any other hearing pursuant to Sections 32 to 48.

 

Disclosure and discovery

21.09   (1)  No oral examination for discovery pursuant to Civil Procedure Rule 18 shall take place prior to the completion of the interim hearing, unless so ordered by the court.

 

            (2)  No oral examination for discovery of a child shall take place pursuant to Civil Procedure Rule 18 unless the court has first granted an order allowing such examination.

 

            (3)  After a protection application has been filed, a party may seek discovery pursuant to Civil Procedure Rules 19, 20 and 21, but no party need respond until after the hearing required by Section 39(l) and (2) and, at that hearing, the court may give directions to effect such discovery prior to completion of the interim hearing.

 

            (4)  After the interim hearing has been completed, the discovery provisions of Civil Procedure Rules 18, 19, 20 and 21 shall apply.

 

            (5)  Where a child is granted party status and representation pursuant to Section 37, but no guardian ad litem is appointed, upon the application of counsel for the child or of any party or upon the court’s own motion, where disclosure of all or any part of a report or assessment, or intended exhibit or evidence, would cause emotional harm to the child, the court may direct the information so identified not be disclosed to the child.

 

Mediation, pre-hearing conferences

21.10   (1)  Where the parties have agreed to the appointment of a mediator pursuant to Section 21(1), a party may move for a stay of the proceedings in accordance with Section 21(2) and the court may grant a stay in Form 21.10A, in the interests of the child and for the consensual resolution of the matters in issue.

 

            (2)  Where an order is granted pursuant to subrule (1) and mediation has been completed, the mediator shall prepare a written report for the court and, upon approval of the report by the parties, the report shall be filed with the court.

 

            (3)  Prior to a protection hearing, a pre-hearing conference shall be held and shall be in accordance with Rule 11.01.

 

            (4)  Prior to a disposition hearing, a pre-hearing conference shall be held and shall be in accordance with Rule 11.01.

 

Protection hearing

21.11   (1)  No party shall adduce evidence at the protection hearing in accordance with Section 96(l) or (3), unless that party has given notice of the intention to do so, no later than the pre-hearing conference held pursuant to Rule 21.10(2), or unless leave of the court has otherwise been granted to do so.

 

            (2)  A judge of the court who conducts the protection hearing and determines that a child is in need of protective services shall conduct the disposition hearing and any subsequent reviews respecting that child, unless Rule 16.03 applies.

 

Disposition hearing

21.12   (1)  Where a finding has been made that a child is in need of protective services, the agency shall file and serve an application for a disposition order in Form 21.12A, along with any supporting affidavit and an agency plan for the child’s care in Form 21.12B, not later than the pre-hearing conference held pursuant to Rule 21.10(3).

 

            (2)  Where the court makes a disposition order pursuant to Section 42(1), the disposition order shall be in Form 21.12C, 21.12D, 21.12E or 21.12F, as may be applicable in the circumstances.

 

            (3)  Where the court makes an order of dismissal pursuant to Section 42(l)(a) or an order of permanent care and custody pursuant to Section 42(l)(f), the court shall issue a separate order respecting each child who is the subject of the proceeding.

 

            (4)  The court shall not issue an order of permanent care and custody respecting a child until the agency has filed the certified extract from the Registration of Birth as required by Rule 21.05(3) [21.06.(3)].

 

Reviews

21.13   (1)  A party applying for a review of a disposition order pursuant to Section 46 shall file with the court and serve upon the other parties, no later than ten clear days before the commencement of the review hearing a review application in Form 21.13A, along with any supporting affidavit, and a revised plan for the child’s care in Form 21.12B shall be filed by the agency before the hearing.

 

            (2)  Where a child has been taken into care by an agency after the making of a supervision order, the agency shall as soon as practicable file with the court and serve the review application upon the other parties not less than two days prior to the review hearing, unless service is waived by the party or the court before or at the review hearing.

 

            (3)  Where no party has applied for a review prior to the expiry of a disposition order and no date for a review hearing has been fixed in the disposition order, the agency shall obtain a date for a review hearing to take place prior to the expiry of the order and file and serve a review application in accordance with subrule (1).

 

            (4)  Where a review application has been filed and the court has commenced a review hearing prior to the expiry of the order in question, with the consent of all parties or upon the order of the court in the child’s best interests, the review hearing may be adjourned and a further disposition order, other than an order for permanent care and custody, may be made until the review hearing can be justly and expeditiously completed, subject to the time limits set out in Sections 43(4) and 45(1).

 

Termination of permanent care and custody orders and variation of access

21.14   (1)  An application to permit, vary or terminate access under an order for permanent care and custody shall be filed in Form 21.14A, supported by affidavit, and served upon the other parties.

 

            (2)  An application to terminate an order for permanent care and custody shall be filed in Form 21.14B, supported by affidavit, and served upon the other parties not later than ten clear days before the hearing of the application.

 

            (3)  Where a party is required to obtain leave of the court under Section 48(6), prior to making an application to terminate an order for permanent care and custody, the party shall first file an application for leave, supported by affidavit, and, if leave is granted, an application in Form 21.14B shall be filed and served as directed by the court.

 

            (4)  Where the court makes an order pursuant to Section 48(8), other than Section 48(8)(a), the order shall be in Form 21.14C or Form 21.14D.

 

Settlement and maintenance

21.15   (1)  Where an agency has filed a protection application, the agency shall serve and file a Notice of Settlement in Form 21.15A in accordance with Section 51(1) and (2).

 

            (2)  Where the clerk of the municipality or the Province served with Notice of Settlement pursuant to subrule (1) wishes to accept settlement, an Acceptance of Settlement in Form 21.15B may be filed with the court.

 

            (3)  Where the court makes a finding respecting settlement, the court shall issue a Notice of Finding of Settlement in Form 21.15C.

 

Consent to treatment

21.16   (1)  An application by the Minister pursuant to Section 61 shall be in Form 21.16A, supported by affidavit and the two medical opinions required together with the form of order requested.

 

            (2)  The hearing of the application shall take place at such time and location and on such terms respecting parties and notice as the court may direct.

 

Child abuse register

21.17   (1)  An application by the Minister or an agency pursuant to Section 63(3), for a finding of abuse for purposes of entry in the Child Abuse Register, shall be in Form 21.17A, supported by affidavit.

 

            (2)  The application and affidavit, together with a copy of the Notice of Objection in Form 21.17B, shall be served upon the person whose name is intended to be entered in the Child Abuse Register by personal service or by substituted service as directed by the court.

 

            (3)  For the purposes of this Rule, the person served with an application pursuant to subrule (2) shall be named as the respondent.

 

            (4)  Where the respondent has been served and no Notice of Objection has been filed with the court within thirty days of the date of service, the Minister or agency may file a Notice of Default in Form 21.17C and the court may make a finding of abuse without a hearing and without further notice to the respondent.

 

            (5)  Upon the receipt of a Notice of Objection, the court shall forward a copy of the Notice of Objection to the applicant Minister or agency.

 

            (6)  Where a Notice of Objection has been filed, Rules 21.09 and 21.11(1), with necessary modification, shall apply to a proceeding under this Rule.

 

            (7)  Where the respondent has filed a Notice of Objection with the court, the Minister or agency may file and serve a Notice of Hearing in Form 21.17D, to be served upon the respondent’s counsel or, where the respondent is not represented by counsel, by registered mail to the address provided on the Notice of Objection, not later than ten clear days prior to the date of the hearing.

 

            (8)  Where the respondent has been served in accordance with subrule (7) and fails to appear at the hearing, the respondent shall be deemed to have admitted to a finding of abuse as alleged in the application.

 

            (9)  Where the court makes a finding of abuse, the order shall be in Form 21.17E.

 

          (10)  A person whose name is entered on the Child Abuse Register may file an application for removal in Form 21.17F and the court shall forward a copy of the application to the Minister, not less than thirty days prior to the date of the hearing of the application.

 

          (11)  Where the court hears an application for removal and orders that the person’s name be removed from the Child Abuse Register, the order shall be in Form 21.17G.

 

Rule 22 - Execution and Garnishee Orders

 

22.01   Subject to Rule 22.02 herein, the Civil Procedure Rules respecting Execution Orders apply to the Family Court.

 

22.02   (1)  In the absence of arrears of maintenance, an order for execution in the nature of garnishee, hereinafter referred to as a “garnishee order” shall be made inter partes.

 

            (2)  A garnishee order may be made ex parte for arrears of not more than twelve (12) months upon application by a creditor or Family Court Officer pursuant to a maintenance order accompanied by an affidavit proving

 

                   (a)    the existence of the order for maintenance;

 

                   (b)    history and amount of arrears;

 

                   (c)    name and address of the employer of the debtor.

 

            (3)  Unless otherwise ordered by the court, where there are arrears of maintenance, wages shall be garnished monthly in an amount equal to One Hundred and Twenty-Five per cent (125%) of the maintenance order, calculated monthly, until further order of the court.

 

            (4)  Wages garnished shall be remitted to the court.

 

            (5)  Wages garnished and received by the court or the Sheriff shall be applied first to ongoing maintenance and secondly to arrears, if any.

 

            (6)  Where a garnishee order is in existence, the court shall, upon the granting of an order varying the maintenance order upon which the garnishee order is based, issue an amended garnishee [order] for the current amount of the maintenance order.

 

            (7)  An employer upon whom a garnishee order is served shall forthwith answer any interrogatory sent to him or her by the Family Court Officer.

 

            (8)  Unless the court otherwise orders a garnishee order shall be in Form 9.

 

Rule 23 - Disclosure

 

Custody and access

23.01   (1)  When the applicant is seeking an order concerning custody or access, the applicant shall file with the court and serve upon the respondent a statement containing the past, present and proposed custody and access arrangements for each child, including any arrangements for split or shared custody under Sections 8 and 9 of the Child Maintenance Guidelines, at the commencement of the application, or such other time limit as the court specifies.

 

            (2)  When the respondent is seeking an order concerning custody or access other than as proposed in the statement of the applicant, the respondent shall file with the court and serve on the applicant a statement containing the past, present and proposed custody and access arrangements for each child, including any arrangements for split or shared custody under Sections 8 and 9 of the Guidelines, within 20 days of being served with the applicant’s statement if the respondent was served in Nova Scotia, 40 days if served elsewhere in Canada or the United States, or within 60 days if served in any other place, or such other time limit as the court specifies.

 

            (3)  The custody and access statement required under subrules (1) and (2) shall be in such form as directed by the court or practice memorandum.

 

Child maintenance

23.02   (1)  The filing of income information or a statement of income and expenses shall not be required from the parent receiving the amount of child maintenance when the only issue is the table amount of child maintenance under clause 3(1)(a) of the Guidelines, unless otherwise directed by the court.

 

            (2)  Pursuant to clause 29(1)(b) of the Maintenance and Custody Act, and in addition to the income information required by Section 21 of the Guidelines, both the applicant and respondent shall file and serve a statement of income and expenses in such form as directed by the court or practice memorandum, in the following cases, unless otherwise directed by the court:

 

                   (a)    when an application for child maintenance is made under subsection 3(2) of the Guidelines for a child the age of majority (19) or over;

 

                   (b)    when the income of a parent against whom a child maintenance order is sought is over $150 000;

 

                   (c)    when an application for child maintenance is made under Section 5 of the Guidelines against a person who[m] stands in the place of a parent for the child;

 

                   (d)    when an application for child maintenance is made under Section 9 of the Guidelines, where a parent exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year;

 

                   (e)    when a claim is made by a parent for undue hardship under Section 10 of the Guidelines; and

 

                   (f)     in such other circumstances as required by the court.

 

            (3)  When a claim for undue hardship is made under Section 10 of the Guidelines, the income information required by Section 21 of the Guidelines and the statement of income and expenses required by subrule (2) shall include the same information for all members of each parent’s household, as defined in Schedule II of the Guidelines.

 

            (4)  The documentation required by subrules (2) and (3) shall be filed with the court and served on the other parent within the same time periods set out in subsections 21(2), (3) and (4) of the Guidelines, for the filing of income information.

 

Spousal maintenance

23.03   (1)  In the case of an application for spousal maintenance, the statements of income and expenses required by clause 29(1)(a) of the Maintenance and Custody Act shall include the following financial information from both the applicant and the respondent, unless otherwise directed by the court:

 

                   (a)    a copy of every personal income tax return filed by the spouse for each of the three most recent taxation years;

 

                   (b)    a copy of every notice of assessment or re-assessment issued to the spouse for each of the three most recent taxation years;

 

                   (c)    where the spouse is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the spouse’s employer setting out that information including the spouse’s rate of annual salary or remuneration;

 

                   (d)    where the spouse is self-employed, a partner in a partnership, in control of a corporation, or a beneficiary under a trust, such financial and income information as directed by the court;

 

                   (e)    where the spouse receives income from a source other than (c) or (d), the most recent statement of income indicating the total amount paid in the year to date, including the amount of the spouse’s employment insurance, social assistance, pension, workers’ compensation, disability benefits, or such other benefits or income as may apply, or where such a statement is not provided, a letter from the applicable source of income stating the required information; and

 

                   (f)     such other documents or information required by the court.

 

            (2)  The applicant shall file with the court and serve upon the respondent, the statement of income and expenses and the financial information required under subrule (1) within 20 days of commencement of the application, or such other time limit as the court specifies.

 

            (3)  The respondent shall file with the court and serve upon the applicant, the statement of income and expenses and the financial information required under subrule (1) within 20 days if the respondent was served in Nova Scotia, 40 days if served elsewhere in Canada or the United States, or within 60 days if served in any other place, or such other time limit as the court specifies.

 

            (4)  The statement of income and expenses required under subrule (1) shall be in such form as directed by the court or practice memorandum.

Rule 23 added: O.I.C. 1998-577, N.S. Reg. 87/98.

 

 ________________________________________________________________ 

 

Forms

 

[Editorial note: Unless otherwise noted, the words in brackets in the following Family Court forms are not editorial corrections made by the Office of the Registrar of Regulations. They are part of the regulations.]

 

Personal Representation Form

 

Designated Address for Delivery of Documents

 

Name:

 

Address:

 

 

Postal Code

 

Telephone numbers:

Work:

 

Cell:

 

Other:

 

File number(s):

 

 

 

I am the:

[ ] Applicant

[ ]

Respondent

 

Certificate

I certify that the above civic address is my address for receiving court documents, and any court document sent, mailed, or delivered, to this address will be treated by the court as though I received it personally.

 

 

 

 

Date

 

Signature

 

Change of address

If my civic address noted above changes, I undertake to immediately notify a Family Court Officer, in writing, of my new address where I can receive documents in relation to this proceeding.

 

If I do not do this, I understand my application, action, response, or answer could be dismissed, or proceed in my absence, without further notice to me.

 

 

 

 

Date

 

Signature

 

PLEASE NOTE:      This information on these pages will be placed in the court file.

 

 

Personal Representation

 

I acknowledge:

Initials

 

_____

I am acting on my own behalf in these legal proceedings at this time.

_____

I have been advised by Family Court staff to seek legal advice from a lawyer who is a practising member of the Nova Scotia Barristers’ Society, so that I can be informed about my rights and obligations in relation to this legal proceeding.

_____

I understand that there are risks involved if I do not obtain legal advice or if I represent myself in this legal proceeding.

_____

I do not hold the Family Court staff responsible for the form or content of any of the documentation I have signed, prepared or filed as I am acting on my own behalf and I am responsible for the documentation that I have signed, prepared or filed.

_____

I understand that Family Court staff cannot provide me with legal advice.

_____

I have been provided with a list of legal services which gives me information on some of the ways in which I may be able to obtain legal advice or representation.

Personal Representation Form added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

 

Form FC 1

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Statement of Contact Information and Circumstances

 

Please complete all sections regarding your case. Please print in blue ink.

You may discuss the shaded sections for contact information and service directions with a court officer before completing these sections.

 

Section A

Information about you.




(APPLICANT)

Information about the person against whom you are making this application.


(RESPONDENT)

Name

Last Name:

First Name:

Middle Name:

Other/Previous Names:

Last Name:

First Name:

Middle Name:

Other/Previous Names:

Gender

[ ] Male [ ] Female

[ ] Male [ ] Female

Birth Date

Day Month Year

Day Month Year

Telephone

E[-]mail

Fax

Home:

Business:

Message:

Other:

E-mail:

Fax:

Home:

Business:

Message:

Other:

E-mail:

Fax:

Address


 

P.O. Box:

Apt. No.:

Street:

City/Town:

Province:

Postal code:

Special directions to accommodate service of documents:

P.O. Box:

Apt. No.:

Street:

City/Town:

Province:

Postal code:

Special directions to accommodate service of documents:

Legal

Counsel

[ ] Yes [ ] No [ ] Maybe


If yes:

Lawyer’s Name:

Firm Name:

Address:


Phone:

E-mail:

Fax:

[ ] Yes [ ] No [ ] Maybe


If yes:

Lawyer’s Name:

Firm Name:

Address:


Phone:

E-mail:

Fax:

Current

Marital

Status

 

[ ] Married

[ ] Separated

[ ] Common law relationship

[ ] Single

[ ] Married

[ ] Separated

[ ] Common law relationship

[ ] Single

Income








[ ] Employment Income (salary/wages)

[ ] Commission/Bonuses/Overtime

[ ] Self-employed

[ ] Income from a Partnership/ Corporation

[ ] Employment Insurance

[ ] Social Assistance/Family Benefits

[ ] Workers’ Compensation

[ ] Pension Income

[ ] Income from a Trust

[ ] Other

Explain:

[ ] Employment Income (salary/wages)

[ ] Commission/Bonuses/Overtime

[ ] Self-employed

[ ] Income from a Partnership/ Corporation

[ ] Employment Insurance

[ ] Social Assistance/Family Benefits

[ ] Workers’ Compensation

[ ] Pension Income

[ ] Income from a Trust

[ ] Other

Explain:

Occupation

Occupation:


Employer Information

Name:

Address:


Phone Number:

E-mail:

Fax:

[ ] Other Places of Employment:

Occupation:


Employer Information

Name:

Address:


Phone Number:

E-mail:

Fax:

[ ] Other Places of Employment:

 

 

Section B

  Relationship Between Applicant and Respondent

[ ] Married

Date of Marriage:

Date of Separation:

[ ] Common Law

Date common-law relationship began:

Date of Separation:

[ ] Single

[ ] Parent of Applicant’s Child

[ ] Other

Explain:

 

 

Section C

List below the full names and dates of birth of all children who are the subject of this Application.

Last Name

Given Names

(underline name used)

Date of Birth

Gender

(M/F)

Presently Living With:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section D

Most Recent Court Order or Written Agreement

Most Recent Court Order (if any):

Date Issued:

Court:

File Number:

Most Recent Written Agreement (if any):

Date:

Form FC 1 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form FC 2

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Parenting Statement

 

 

Please check the box that applies to you:

 

[ ]        I am the Applicant (the person making an application)

 

            OR

 

[ ]        I am the Respondent (the person responding to an application)

 

This matter relates to the following child or children:

 

Full Name (Including Middle Name)

Age

Birthdate (M/D/Y)

1)

 

2)

 

3)

 

4)

 

 

The child or children receive child care or attend pre-school or school as follows:

 

Child’s Name

Days

Hours

Location

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following child or children have special needs or disabilities that may affect custody, access or parenting arrangements:

 

Child’s Name

Special Needs or Disabilities

Details

 

 

 

 

 

 

 

 

 

 

 

 

 

The present parenting arrangements for each child:


a) Where does each child live now?

 

 

b) What are the visiting arrangements for each child now?

 

 

 

The proposed parenting arrangements for each child:

 

a) Where do you want each child to live?

 

 

 

b) What visiting arrangements do you want for each child?

[ ]

Reasonable access (flexible visiting rights that you both agree to)

 

 

 

 

[ ]

Specified access (if so, give specific details including dates, times, conditions):

 

 

 

 

[ ]

Supervised access (visiting that takes place with another adult present), if so, give specific details (who would supervise/where and when)

 

 

 

 

 

 

[ ]

Other terms/conditions that you would like the Court to order related to access:

 

 

 

 

 

Do you or the other parent work outside the home, if so what are the days and hours of work?

 

 

 

I declare that the above information is accurate to the best of my knowledge.

 

Signature

Signed ________________ [month/day], 20__.

 

 

 

 

Signature

 

 

 

Full name (please print)

 

You are advised to seek legal advice if you need help in completing this form.

 

Form FC 2 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

 

Form FC 3 

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

 

Statement of Income

of ___________ prepared on ____________ , 20___.

 

 

I [make oath/affirm] and give evidence as follows:

 

1.         The following chart converts my gross income as stated on my filed or attached [pay stub/ description of document ] to a monthly figure.

 

(If you have two income sources, use one chart for each source.)

 

First Income Source:             [name of source]

 

GROSS INCOME – MONTHLY CONVERSION CHART

MY PAY PERIOD

CONVERSION FORMULA

MONTHLY INCOME

Weekly

$ x 4.33

$

Every second week

$ x 2.17

$

Twice per month

$ x 2

$

Monthly

 

$

 

Second Income Source:        [name of source]

 

GROSS INCOME – MONTHLY CONVERSION CHART

MY PAY PERIOD

CONVERSION FORMULA

MONTHLY INCOME

Weekly

$ x 4.33

$

Every second week

$ x 2.17

$

Twice per month

$ x 2

$

Monthly

 

$

 

2.         The following is a statement of my current monthly income from all sources:

 

GROSS MONTHLY INCOME

AMOUNT

COMMENTS

A)

Gross Salary or Wages or Net Professional Income

 

 

B)

Overtime/Commissions/Bonuses

 

 

C)

Employment Insurance Benefits

 

 

D)

Social Assistance/Family Benefits

 

 

E)

Pension Income

 

 

F)

Actual Dividends Received Before Gross-up

 

 

G)

Income from Trust

 

 

H)

Investment Income

 

 

I)

Other –

 

 

J)

Other –

 

 

K)

Other –  

 

 

L)

SUB TOTAL

 

 

M)

Deduct Union Dues

 

 

N)

Deduct Other Schedule III Adjustments

 

 

O)

TOTAL MONTHLY INCOME

(FOR TABLE AMOUNT CHILD MAINTENANCE/SUPPORT)

 

 

P)

Child Tax Benefit 

 

 

Q)

GST Credit

 

 

R)

TOTAL MONTHLY INCOME

 

 

 

Total Monthly Income for table amount: (Line O, above)

$________________

X 12

Total Annual Income for table amount:

$________________

 

3.         Attached are true copies of my personal income tax returns filed with the Canada Revenue Agency for the 3 most recent taxation years.

 

4.         Attached are true copies of Notices of Assessment (or Re-Assessment) issued by the Canada Revenue Agency for each of the 3 most recent taxation years.

 

5.         THE FOLLOWING ITEMS MARKED WITH AN ‘X’ APPLY TO ME:

 

            [ ]   I AM AN EMPLOYEE:

Attached is a true copy of my 2 most consecutive recent statements of earnings or pay stubs indicating my total earnings paid in the year to date, including overtime [or alternatively, a letter from my employer setting out my annual salary or remuneration, my earnings to date for this year, including overtime].

 

            [ ]   I AM UNEMPLOYED:

Attached is a statement of my income to date this year from . (Include particulars of all income received by way of employment insurance benefits, social assistance, pension income, Workers’ Compensation, disability or such other benefits or income as may apply. If a statement of income is not available, provide a letter from the applicable source of income stating the required information.)

 

            [ ]   I AM SELF-EMPLOYED:

                   I am self-employed and attached are:

 

                   (i)     true copies of the financial statements of [my business/professional practice (other than a partnership)] for the 3 most recent taxation years; and

 

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

 

            [ ]   I AM A MEMBER OF A PARTNERSHIP:

I am a partner in the partnership known as [name of partnership] and attached is confirmation of my current income and draw from that partnership and my capital in the partnership for the 3 most recent taxation years.

 

            [ ]   I CONTROL A CORPORATION:

                   (i)     Attached are true copies of the financial statements for the corporation [name of corporation], in which I have a controlling interest, for the three most recent taxation years. (Where a party controls a corporation, the financial statements for the 3 most recent taxation years for that corporation must be provided as well as the financial statements for that company’s subsidiaries.)

 

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

 

            [ ]   I AM A BENEFICIARY UNDER A TRUST:

Attached is a true copy of the trust settlement agreement of which I am a beneficiary as well as true copies of the 3 most recent financial statements of the trust.

 

            [ ]   I AM AN ADMINISTRATOR OR A TRUSTEE OF A TRUST

 

Sworn to/Affirmed before me

)

 

on , 20

)

 

at ,

)

 

 

)

 

 

)

 

Signature of Authority

Print name:

Official capacity:

)

Signature of:

Form FC 3 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form FC 4 

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Statement of Special or Extraordinary Expenses

of ____________ prepared on ____________, 20__

 

I [make oath/affirm] and give evidence as follows:

 

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

 

            [ ]   (a)    child care expenses incurred as a result of my employment, illness, disability or education or training for employment;

 

            [ ]   (b)    that portion of the medical and dental insurance premiums attributable to the child;

 

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

 

            [ ]   (d)    extraordinary expenses for primary or secondary school education or for any educational programs that meet the child’s particular needs;

 

            [ ]   (e)    expenses for post-secondary education;

 

            [ ]   (f)     extraordinary expenses for extracurricular activities.

 

2.         The child’s name that each expense relates to, the details of each type of expense I am claiming, and the total amount of each expense per month are:

 

 

Child’s Name

 

Details of Each Expense

 

Total Amount of Expense

1

 

 

 

 

$

 

 per month

2

 

 

 

 

$

 

 per month

3

 

 

 

 

$

 

 per month

4

 

 

 

 

$

 

 per month

5

 

 

 

 

$

 

 per month

 

3.         I attach receipts or other documentation which show the amount of the expenses I am claiming for each child.

 

4.         I am unable to obtain receipts or other documentation, for the following reasons:

 

 

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

 

Sworn to/Affirmed before me

)

 

on , 20

)

 

at ,

)

 

 

)

 

 

)

 

 

)

 

Signature of Authority

Print name:

)

Signature of:

Form FC 4 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form FC 5 

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Statement of Undue Hardship Circumstances

of ________________ prepared on _________, 20___

 

I [make oath/affirm] and give evidence as follows:

 

1.         I am claiming undue hardship on the basis of one or more of the following circumstances (indicate which of the following you are claiming):

 

            [ ]   (a)    I am responsible for an unusually high level of debts, which I had reasonably incurred to support myself, the other party and our child or children prior to our separation;

 

            [ ]   (b)    I am responsible for an unusually high level of debts, which I have reasonably incurred to earn a living;

 

            [ ]   (c)    I have unusually high expenses in relation to exercising access to my child;

 

            [ ]   (d)    I have a legal duty under a judgment, order or written separation agreement to support any person (other than the child(ren) to whom this proceeding relates);

 

            [ ]   (e)    I have a legal duty to support a dependent child in my household (other than the child(ren) to whom this proceeding relates);

 

            [ ]   (f)     I have a legal duty to support an adult person who is unable, by reason of illness, disability or other cause, to obtain the necessaries of life;

 

            [ ]   (g)    I have some other undue hardship circumstance (be as specific as possible):

 

 

 

 

2.         Residing with me as part of my household are the following individuals (in the case of the adults, also include their gross annual incomes for the past year):

 

(a)

Spouse or Partner:

 

 

 

 

Name

 

 

Gross annual income:

 

(b)

Any person (including a child the age of majority or over) who shares living expenses with me or from whom I otherwise receive an economic benefit as a result of living together:

 

Name

 

 

Gross annual income:

 

 

Name

 

 

Gross annual income:

 

(c)

Any child or children who reside(s) with me:

 

Child’s Full Name:

 

 

Date of Birth:

 

 

Child’s Full Name:

 

 

Date of Birth:

 

 

3.         Attached are true copies of the Notice of Assessment and Income Tax Return for the preceding year * [year] for each of the individuals listed in paragraph 2 above.

 

4.         Attached are true copies of the last 2 consecutive income statements (for example, pay stubs, Employment Insurance stubs, social assistance stub) or, instead, a letter from the employer (or income provider) confirming gross income year-to-date for the current year * [year] for each of the individuals listed in paragraph 2 above.

 

5.         I would suffer undue hardship in paying the required amount of child support because:

 

 

 

 

6.         I request that the court deduct the following annual amount(s) which I am relying upon as a factor that has caused my undue hardship (Note: Do not list any amount attributable to the support of any member (including any child) of the household that is not incurred due to a disability or serious illness of that member and do not list any amount listed in paragraph 7.):

 

Factor:

 

 

Annual Amount:

 

Factor:

 

 

Annual Amount:

 

 

7.         (a)   I request that the court deduct the following annual amount(s) which I pay as support or maintenance pursuant to a judgment, order or written separation agreement (Note: Do not list any amount already listed in paragraph 6):

 

Annual Amount:

 

 

Date of Judgment, Order or Agreement:

Annual Amount:

 

 

Date of Judgment, Order or Agreement:

 

            (b)  Attached is a certified copy of each of the judgments, orders or written separation agreements listed in paragraph 7(a) above.

 

8.         (a)   I receive the following annual amount of child support or maintenance for any child under a judgment, order or written separation agreement:

 

Annual Amount:

 

 

Date of Judgment, Order or Agreement:

Annual Amount:

 

 

Date of Judgment, Order or Agreement:

 

            (b)  Attached is a certified copy of each of the judgments, orders or written separation agreements listed in paragraph 8(a) above.

 

9.         I understand that my claim of undue hardship must be denied by the court if my household standard of living is higher than the household standard of living of the other party, and my calculations of the comparison of household standards of living in accordance with Schedule II of the Guidelines:

 

            [ ]   are attached.

 

            OR

 

            [ ]   will be filed in accordance with the rules of the court upon receipt of the other party’s financial information.


Sworn to/Affirmed before me

)

 

on , 20

)

 

at ,

)

 

 

)

 

 

)

 

 

)

 

Signature of Authority

Print name:

Official capacity:

)

Signature of:

Form FC 5 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form FC 6 

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Statement of Expenses

of _________________ prepared on ________, 20___

 

I [make oath/affirm] and give evidence as follows:

 

1.         The following are my current budgeted monthly expenses (If you reside with another person with whom you share living expenses, list only your expenses, not the expenses paid by the person with whom you reside.):

 

NOTE: ALL ITEMS ARE TO BE CONVERTED TO A MONTHLY AMOUNT 

 

EXPENSES

MONTHLY BUDGETED

EXPENSES

COMMENTS

1.

Rent/Mortgage

 

 

2.

Municipal Taxes

 

 

3.

Property – Fire Insurance

 

 

4.

Heat

 

 

5.

Electricity

 

 

6.

Water

 

 

7.

Telephone, Postage

 

 

8.

Cable

 

 

9.

House Repairs, Maintenance, Appliance & Furniture Repairs and Replacement

 

 

10.

Food

 

 

11.

Toiletries, Household Supplies

 

 

12.

Clothing

 

 

13.

Laundry and Dry-Cleaning

 

 

14.

Motor Vehicle:

 

 

 

(a)

Payment

 

 

 

(b)

Gas

 

 

 

(c)

Maintenance/Repair

 

 

 

(d)

Insurance, License, Registration and Inspection

 

 

 

(e)

Parking and Tolls

 

 

15.

Taxis, Public Transportation

 

 

16. Section 7 Child Related Expenses:

 

 

 

(a)

Child Care Expenses (day-care or babysitting)

 

 

 

(b)

Children’s Medical or Dental Insurance Premiums

 

 

 

(c)

Health Related Expenses

 

 

 

(d)

Primary or Secondary School Expense

 

 

 

(e)

Post Secondary School Expense

 

 

 

(f)

Extracurricular Activities

 

 

17.

School Supplies, Tuition, Books

 

 

18.

Children’s Allowances and Activities

 

 

19.

Child Access Costs

 

 

20.

Hair and Grooming

 

 

21.

Life Insurance/Medical Insurance

 

 

22.

Drugs

 

 

23.

Dental

 

 

24.

Glasses

 

 

25.

Christmas, Birthdays, Events and Gifts

 

 

26.

Newspapers and Magazines

 

 

27.

Charitable Donations

 

 

28.

Holidays

 

 

29.

Entertainment

 

 

30.

Savings

 

 

31.

Child Support (paid for a child other than the child(ren) to whom this proceeding relates)

 

 

32.

Spousal Support (for a spouse other than a party to this proceeding)

 

 

33.

Miscellaneous

 

 

34.

Other

 

 

35.

Other

 

 

SUB-TOTAL

 

 

Debt Payments:

 

 

36.

 

 

 

37.

 

 

 

38.

 

 

 

SUB-TOTAL

 

 

39.

Income Source Deductions, excluding Income Tax

 

 

 

 

(1)

CPP

 

 

 

 

(2)

EI

 

 

 

 

(3)

Pension

 

 

 

 

(4)

Union Dues

 

 

 

 

(5)

Medical Plan

 

 

 

 

(6)

Other

 

 

TOTAL EXPENSES

 

 

 

 

 

SUMMARY

 

 

Total Income Before Tax (from Statement of Income)

 

 

Less: Total Expenses (from above)

 

 

Surplus (Deficit) Before Tax

 

 

Less: Income Tax (Attach Calculations)

 

 

SURPLUS (DEFICIT)

 

 

 

(To be completed if either party is making a claim for undue hardship pursuant to Section 10 of the Child Support Guidelines or spousal support.)

 

2.         The following are the names, occupations or sources of income of all persons with whom I currently reside or with whom I share living expenses or from whom I receive an economic benefit as a result of living with that person. (If you are making a claim for undue hardship, you must provide the following information. If you do not provide the following information your application for undue hardship may not be considered.)

 

NAME

OCCUPATION OR SOURCE OF INCOME

 

 

 

 

 

 

 


Sworn to/Affirmed before me

)

 

on , 20

)

 

at ,

)

 

 

)

 

 

)

 

 

)

 

Signature of Authority

Print name:

Official capacity:

)

Signature of:

Form FC 6 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form FC 7

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Waiver of Financial Statements

 

Entitlement to full disclosure

The applicant and the respondent understand that they are entitled to full disclosure of the other party’s financial circumstances in accordance with the Family Court Rules.

 

Waiver

The applicant and the respondent agree that they are satisfied with the disclosure provided by the other party and waive the filing and serving of financial statements as required by the Rules.

 

Signature

Signed ________________ [month/day], 20__.

 

 

 

 

Signature of applicant

Print name:

 

 

 

Signature of respondent

Print name:

Form FC 7 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

 

Form FCO 1

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

 

Interim Order for Child Maintenance

 

 

Before [the Honourable Judge /Family Court Officer ]:

 

 

An application was made on [month/day] , 20___, by , for an interim order for child maintenance at the table amount under the Child Maintenance Guidelines.

 

The parties have [child/children]: (provide full name of each child and birth date).

 

And upon it appearing that the Respondent has an income of $ [amount] for the purpose of determining the table amount of child maintenance;

 

And upon the Family Court Officer/Honourable Judge being satisfied that it would be appropriate to grant an Order in accordance with Rule 6;

 

The following is ordered:

 

Payment of child maintenance

1          [name of other party] shall pay child maintenance to [name of moving party] pursuant to the Child Maintenance Guidelines and in accordance with the Nova Scotia table, the amount of $ [amount] per month, payable on the first day of each month, and commencing [month/day] , 20___.

 

Method of payment

2          All maintenance payments must be made payable to [name of party receiving maintenance] .

 

The payments must be sent by [name of party paying support] to the Office of the Director of Maintenance Enforcement, P.O. Box 803, Halifax, Nova Scotia, B3J 2V2, while the order is filed for enforcement with the Director.

 

A court officer must send the current designated addresses of the parties, and a copy of this order, to the Office of the Director of Maintenance Enforcement in accordance with Section 9 of the Maintenance Enforcement Act.

 

Both parties must advise the Office of the Director of Maintenance Enforcement of any change to their address, within 10 days of the date of the change, under subsection 42(1) of the Maintenance Enforcement Act.

 

__________________________ must advise the Office of the Director of Maintenance Enforcement of a change in location, address and place of employment, including the commencement or cessation of employment, within 10 days of the date of the change, under subsection 42(2) of the Maintenance Enforcement Act.

 

 

Issued ________________ [month/day], 20__.

 

 

 

 

Family Court Officer

 

(Add the following when the order is made by a Family Court Officer:

Note that when an order is made by a Family Court Officer, the Family Court Rules permit you to apply to the Family Court Officer to terminate or change the order, or appeal the order to a judge. The application must be made, or the appeal started, no more than 10 days after a copy of the order is delivered to you.)

Form FCO 1 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form FCO 2

20

 

No.

 

Family Court of Nova Scotia

 

Between: [copy standard heading]

 

[name]

 

Applicant

 

-and-

 

[name]

 

Respondent

 

Order for a Paternity Test

 

 

Before [the Honourable Judge/Family Court Officer] [name or blank] :

 

An application was made on [month/day] , 20___, by                                                                   , for an order for a paternity test.

 

[name of other party] has been identified as a possible father of the child, [name and birthdate] ;

 

On the application of [name of applicant] , the following is ordered:

 

Testing

1          The mother, [name] , possible father, [name] , and the dependant [dependent]* child, [name and birthdate] , shall submit to one or more blood grouping tests or DNA profile comparison tests to be made by a duly-qualified medical practitioner or other qualified person, to determine whether or not the possible father can be excluded as being the father of the child.

[*editorial correction]

 

Responsibility for arrangements and costs

2          The [mother/possible father], [name] is responsible for all arrangements and all costs associated with the testing, including costs incurred by the other party and the dependent child, [name and birthdate] .

 

Return to Family Court Officer meeting

3          The parties shall return to the courthouse at , [Street/Avenue] , Nova Scotia, to attend a meeting with a Family Court Officer [name] , at [a.m./p.m.] on [month/day] , 20___.

 

 

Issued ________________ [month/day], 20__.

 

 

 

 

Family Court Officer

 

(Add the following when the order is made by a court officer:

Note that when an order is made by a Family Court Officer, the Family Court Rules permit you to apply to the Family Court Officer to terminate or change the order, or appeal the order to a judge. The application must be made, or the appeal started, no more than 10 days after a copy of the order is delivered to you.)

Form FCO 2 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form FCO 3

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Order

 

Before the Honourable Judge ______________________ 

 

 

This proceeding is before the court for determination [following a hearing/describe circumstances including when the parties agree with the terms as a consent order].

 

Proof of service of the notice has been established and the [application/application and response], and the evidence presented by [affidavit/testimony/affidavit and testimony], have been considered.

 

The parties have the following [child/children]:

Name of Child

Date of Birth

 

 

 

[name] acknowledges that he is [the father/a possible father] of the [child/children]:

Name of Child

Date of Birth

 

 

 

(Add the following applicable income clause(s) if child maintenance is to be paid:

[name of party paying child maintenance] is found to have an annual income of $ [amount] .

 

For the purpose of making an order for payment of special or extraordinary expenses, the [name of party receiving child maintenance] is found to have an annual income of $ [amount].

 

OR

 

Replace the two income clauses with the following, if applicable:

For the purpose of making an order for payment of child maintenance in an amount other than the table amount and special or extraordinary expenses, the [name of party paying child maintenance] is found to have an annual income of $ [amount] , and the [name of party receiving child maintenance] is found to have an annual income of $ [amount] .)

 

On application of [name of moving party, parties, or counsel] : the following is ordered under the [Maintenance and Custody Act / Maintenance and Custody Act and name of applicable legislation /name of applicable legislation].

 

(A selection from paragraphs 1 to 10, as applicable, is required.)

(delete paragraphs 1 to 6 if there are no children)

 

Custody

1          Custody of the following [child/children] is granted to [name/both parties jointly]:

Name of Child

Date of Birth

 

 

 

Terms for joint custody

(delete this section if “Access” section is to be ordered)

 

2          [name] has primary care and residence for the [child/children], and [name] has care and residence at the following times, according to the following terms:

 

OR

 

2          The parties share care and residence for the [child/children] according to the following terms:

 

Access

(delete this section if “Terms for joint custody” section is to be ordered)

 

2          [name] has access to the [child/children] at the following times, and according to the following terms:

 

OR

 

2          [name] has reasonable access to the [child/children] on reasonable notice to [name] or at times agreed to by the parties.

 

 Child maintenance payments

3          [name] must pay child maintenance to [name] in the amount of $ [amount] each month, based on the applicable table amount of the Child Maintenance Guidelines.

 

(Add the following if an amount for special or extraordinary expenses is to be paid:
In addition to the table amount, [name] must pay child maintenance to [name] in the amount of $  [amount] each month for [her/his] share of the following special or extraordinary [expense/expenses]:)

 

(Use the following list for each child’s expense or create a chart providing this information.)

 

Child’s name:

 

Description of expense:

 

Total monthly net expense:

$

Monthly amount to be paid:

$

Percentage:

%

 

In total, [name] must pay child maintenance to [name] in the amount of $ [amount] each month, consisting of the table amount of $ [amount] per month, plus special or extraordinary expenses of $ [amount] per month.

 

When child maintenance payments are due

4          Child maintenance payments are due on the first day of each month starting on [month/day], 20___.

 

OR

 

(provide payment schedule, for example, weekly, bi-weekly, or twice per month on specified dates)

 

Child maintenance through health plan

5          [name] must [continue/acquire and continue] medical, dental and drug plan coverage for the [child/children] available through [his/her] present or subsequent employer and [name] must see that the other party is reimbursed without delay after a receipt is delivered by the other party for submission to the insurer.

 

OR

 

(set out specific terms)

 

Ongoing disclosure for child maintenance

6          No later than June 1st of each year, both parties must provide each other with a copy of his or her income tax return, completed and with all attachments, even if the return is not filed with the Canada Revenue Agency, and also provide each other with all notices of assessment from the Canada Revenue Agency, immediately after they are received.

 

Spousal maintenance

7          Neither party is required to pay spousal maintenance to the other.

 

OR

 

7          [name] must pay spousal maintenance to [name] in the amount of $ [amount] each month.

 

When spousal maintenance payments are due

(delete this section if neither party is to pay spousal maintenance)

 

8          Spousal maintenance payments are due on the first day of each month starting on [month/day], 20___.

 

OR

 

(provide payment schedule, for example, weekly, bi-weekly, or twice per month on specified dates)

 

Director of Maintenance Enforcement

(delete this section if neither party is to pay maintenance)

 

9          All maintenance payments must be made payable to [name of party receiving maintenance] .

 

The payments must be sent by [name of party paying maintenance] to the Office of the Director of Maintenance Enforcement, P.O. Box 803, Halifax, Nova Scotia B3J 2V2, while the order is filed for enforcement with the Director.

 

A Family Court Officer must send the current designated addresses of the parties, and a copy of this order, to the Office of the Director of Maintenance Enforcement in accordance with Section 9 of the Maintenance Enforcement Act.

 

Both parties must advise the Office of the Director of Maintenance Enforcement of any change to their address, within 10 days of the date of the change, under subsection 42(1) of the Maintenance Enforcement Act.

 

[name of party paying maintenance] must advise the Office of the Director of Maintenance Enforcement of a change in location, address and place of employment, including the commencement or cessation of employment, within 10 days of the date of the change, under subsection 42(2) of the Maintenance Enforcement Act.

 

Enforcement

10        A requirement to pay money under this order, that is not enforced under the Maintenance Enforcement Act, may be enforced by execution order, or periodic execution order.

 

The sheriff must do such things as are necessary to enforce this order and, to do so, may exercise any power of a sheriff permitted in a recovery order or an execution order.

 

All constables and peace officers are to do all such acts as may be necessary to enforce the terms of this order and they have full power and authority to enter upon any lands and premises to enforce this order.

 

 

Issued ________________ [month/day], 20__.

 

 

 

 

Family Court Officer

Form FCO 3 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form 6.02A

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Notice of Application

 

To:

 

 

The applicant requests an order

The applicant, [name of applicant] is applying for an order for the following

[ ]

under the Maintenance and Custody Act, including the following Section numbers as referenced:

 

[ ]

custody (s. 18)

[ ]

leave to apply (s. 18)

 

[ ]

access (s. 18)

[ ]

leave to apply (s. 18)

 

[ ]

child maintenance involving married parents (s. 9)

 

[ ]

child maintenance involving unmarried parents and finding of paternity (s. 11)

 

[ ]

spousal maintenance (s. 3)

 

[ ]

a blood test under subsection 27(1) of the Maintenance and Custody Act, and a genetic test under Section 11B of the Vital Statistics Act

 

[ ]

registration of agreement (s. 52)

[ ]

costs

[ ]

other

 

 

The applicant started this application by filing this notice on the date certified by the Family Court Officer.

 

Documents in support of application

The applicant files the following documents in support of the application:

[ ]

parenting statement

[ ]

statement of income

[ ]

statement of special or extraordinary expenses

[ ]

statement of undue hardship circumstances

[ ]

statement of expenses

[ ]

statement of property

[ ]

pre-hearing brief

[ ]

affidavit of [name]

[ ]

other affidavits and documents (give specifics)

 

A copy of each document is to be delivered to you with this notice.

 

Response to application

To respond to the application, or to make your own application, you or your counsel may file a response [to]* application. A judge or Family Court Officer will direct you regarding the deadline for filing a response to application that you want to file.

[*editorial correction]

 

Required to file documents

There are requirements in the Family Court Rules for parties to file documents and these requirements depend on the type of relief sought. A judge or Family Court Officer may direct you to file documents and provide information by a specific date in response to this application.

 

Possible order against you

A judge may grant a final order on the application without further notice to you if you fail to appear at the court when directed or fail to file documents as directed.

 

Filing documents

Any documents you file with the court must be filed at the courthouse at , Nova Scotia, .

Telephone:

 

Designated address for service

The applicant designates the following address for delivery of documents:

 

 

 

Documents delivered to this address will be considered to be received by the applicant on delivery.

 

Signature

Signed ________________ [month/day], 20__.

 

 

 

 

Signature of applicant

Print name:

OR

 

 

Signature of counsel

as counsel for:

 

Family Court Officer’s Certificate

I certify that this notice of application was filed with the court on _____________ [month/day], 20__.

 

 

 

 

Family Court Officer

 

For delivery with supporting documents to each respondent:

Form 6.02A added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form 6.02B

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Notice of Variation Application

 

To:

 

The applicant requests an order be varied

The applicant, [name of applicant] , is applying to vary or change an order which is permitted by Section 37 of the Maintenance and Custody Act.

 

The changes would affect the following order or orders:

 

 

The requested changes concern the following:

[ ]

custody

[ ]

access

[ ]

child maintenance:

 

[ ]

table amount

 

[ ]

special expenses or extraordinary expenses

 

[ ]

change in number of dependent children

 

[ ]

other (give specifics)

[ ]

spousal maintenance (give specifics)

[ ]

other (give specifics)

[ ]

As part of the variation application, the applicant applies under Sections 15 and 46 of the Maintenance Enforcement Act for an order addressing arrears of support or maintenance.

 

The applicant requests that the changes take effect: [date]

 

The applicant started this variation application by filing this notice on the date certified by the Family Court Officer.

 

Documents in support of application

The applicant files the following documents in support of the application:

[ ]

parenting statement

[ ]

statement of income

[ ]

statement of special or extraordinary expenses

[ ]

statement of undue hardship circumstances

[ ]

statement of expenses

[ ]

statement of property

[ ]

pre-hearing brief

[ ]

affidavit of ______________, _____________, which includes evidence establishing change in circumstances

[ ]

other affidavits and documents (give specifics)

[ ]

order made by another court that the applicant seeks to vary:

certified copies

 

A copy of each document is to be delivered to you with this notice.

 

Response to variation application

To respond to the variation application, or to make your own variation application, you or your counsel may file a response to variation application. A judge or Family Court Officer will direct you regarding the deadline for filing a response to variation application.

 

Required to file documents

There are requirements in the Family Court Rules for parties to file documents and these requirements depend on the type of relief sought. A judge or Family Court Officer may direct you to file documents and provide information by a specific date in response to this application.

 

Possible order against you

A judge may grant a final order on the variation application without further notice to you if you fail to appear at the court when directed or fail to file documents as directed.

 

Filing document

Any documents you file with the court must be filed at the courthouse at , Nova Scotia, .

Telephone:

 

Designated address for service

The applicant designates the following address for delivery of documents:

 

 

 

Documents delivered to this address will be considered to be received by the applicant on delivery.

 

 

Signature

Signed ________________ [month/day], 20__.

 

 

 

 

Signature of applicant

Print name:

OR

 

 

Signature of counsel

as counsel for:

 

Family Court Officer’s Certificate

I certify that this notice of variation application was filed with the court on [month/day], 20__.

 

 

 

Family Court Officer

 

For delivery with supporting documents to each respondent:

Form 6.02B added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

 

Form 6.02C

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Response to Application

 

To:

 

The respondent requests an order

The respondent, _____________________, is applying for an order for the following:

 

[ ]

under the Maintenance and Custody Act, including the following Section numbers as referenced:

 

[ ]

custody (s. 18)

[ ]

leave to apply (s. 18)

 

[ ]

access (s. 18)

[ ]

leave to apply (s. 18)

 

[ ]

child maintenance involving married parents (s. 9)

 

[ ]

child maintenance involving unmarried parents and finding of paternity (s. 11)

 

[ ]

spousal maintenance (s. 3)

 

[ ]

a blood test under subsection 27(1) of the Maintenance and Custody Act, and a genetic test under Section 11B of the Vital Statistics Act

 

[ ]

registration of agreement (s. 52)

[ ]

costs

[ ]

other

(give specifics, including legislation or other legal authority for relief sought)

 

Documents in support of application

The applicant files the following documents in support of the application:

 

[ ]

parenting statement

[ ]

statement of income

[ ]

statement of special or extraordinary expenses

[ ]

statement of undue hardship circumstances

[ ]

statement of expenses

[ ]

statement of property

[ ]

pre-hearing brief

[ ]

affidavit of [name]

[ ]

other affidavits and documents (give specifics)

 

A copy of each document is to be delivered to you with this notice.

 

Designated address for service

The respondent designates the following address for delivery of documents:

 

 

Documents delivered to this address will be considered to be received by the respondent on delivery.

 

Signature

Signed ________________ [month/day], 20__.

 

 

 

 

Signature of respondent

Print name:

OR

 

 

Signature of counsel

as counsel for:

 

For delivery with supporting documents to each applicant:

[full name and address of each applicant]

Form 6.02C added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form 6.02D

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Response to Variation Application

 

To:

 

The respondent requests an order be varied

The respondent, [name of respondent] , is applying to vary or change an order which is permitted by Section 37 of the Maintenance and Custody Act.

 

The changes would affect the following order or orders:

 

 

The requested changes concern the following:

 

[ ]

custody

[ ]

access

[ ]

child maintenance:

 

[ ]

table amount

 

[ ]

special expenses or extraordinary expenses

 

[ ]

change in number of dependent children

 

[ ]

other (give specifics)

[ ]

spousal maintenance

[ ]

other (give specifics)

[ ]

As part of the variation application, the applicant applies under Sections 15 and 46 of the Maintenance Enforcement Act for an order addressing arrears of support or maintenance.

 

The respondent requests that the changes take effect: [date]

 

Documents in support of application

The respondent files the following documents in support of the application:

 

[ ]

parenting statement

[ ]

statement of income

[ ]

statement of special or extraordinary expenses

[ ]

statement of undue hardship circumstances

[ ]

statement of expenses

[ ]

statement of property

[ ]

pre-hearing brief

[ ]

affidavit of [name] which includes evidence establishing change in [circumstances]*

[ ]

other affidavits and documents (give specifics)

[*editorial correction]

 

A copy of each document is to be delivered to you with this notice.

 

 

Designated address for service

The respondent designates the following address for delivery of documents:

 

 

Documents delivered to this address will be considered to be received by the respondent on delivery.

 

Signature

Signed ________________ [month/day], 20__.

 

 

 

 

 

Signature of respondent

Print name:

OR

 

 

Signature of counsel

as counsel for:

 

For delivery with supporting documents to each applicant:

[full name and address of each applicant]

Form 6.02D added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form 6.11

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Direction to Disclose

 

To:

You must complete and file the following documents:

 

[ ]

a parenting statement;

[ ]

a sworn statement of income, including all of the following attachments:

 

(a)

copies of your last 2 consecutive income statements (for example, pay stubs, Employment Insurance stubs, social assistance stubs) or a letter from your employer or income provider stating your gross income so far this year;

 

(b)

copies of all notices of assessment from Canada Revenue Agency for [20__, 20__, and 20__], the last 3 years;

(You can obtain copies from the Canada Revenue Agency by calling 1-800-959-8281 or going online at www.cra.gc.ca/myaccount.)

 

(c)

copies of all income tax returns, whether filed with the Canada Revenue Agency or not, completed with all schedules, attachments, and information slips (also available from the Canada Revenue Agency), for [20__, 20__, and 20__], the last 3 years;

 

(d)

if you are self-employed, or a member of a partnership, or a trustee, administrator or beneficiary of a trust, or you control a corporation, a statement of income, and you must comply with the directions in the statement of income;

 

(e)

if you are unable to provide the applicable attachments listed from (a) to (d), a letter detailing why you cannot provide them;

[ ]

if you intend to make a claim for special or extraordinary expenses, a sworn statement of special or extraordinary expenses;

[ ]

if you intend to make a claim of undue hardship, a sworn statement of undue hardship circumstances;

[ ]

a sworn statement of expenses;

[ ]

a sworn statement of property;

[ ]

other (give specifics).

 

Deadline for filing documents

[Bring these documents with you to the meeting scheduled to be held at [a.m./p.m.] on [month/day], 20      , at . / Mail or deliver the documents to the court at the courthouse at                       , Nova Scotia, (telephone:                                                              )

no later than                          , 20   .]

 

Copies for other parties

[Also, bring two copies of each required statement, including attachments, with you to the conciliation meeting. / Mail or deliver a copy of each statement, including attachments, to [name] at [designated address/updated address] at the same time you mail or deliver it to the court.]

 

Possible order against you if you do not disclose as required

If you fail to disclose at the required time, a Family Court Officer may:

 

(1)       make an interim order for child maintenance;

 

(2)       dismiss an application, or claim, or any part of it, or stay a proceeding started by you.

 

In addition, a judge may make an order for costs against you.

 

Legal counsel 

You have the right to be represented by counsel and it is recommended that you seek legal advice as soon as possible.

 

 

Issued: ________________ [month/day], 20__.

 

 

 

 

Family Court Officer

telephone:

fax:

Form 6.11 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

 

Form 6.12A 

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Order to Appear and Disclose

 

Before:

 

A _______________________________ was mailed to you on [month/day], 20___;

 

            And you, [name], failed to appear/disclose as directed;

 

You must appear in court

You are ordered to come to the courthouse at , Nova Scotia and appear before [a judge/a Family Court Officer] at [a.m./p.m.] on [month/day] , 20___.

 

You must bring documents

You are also ordered to bring with you 3 copies of each of the following:

 

[ ]

a parenting statement;

[ ]

a sworn statement of income, including all of the following attachments:

 

(a)

copies of your last 2 consecutive income statements (for example, pay stubs, Employment Insurance stubs, social assistance stubs) or a letter from your employer or income provider stating your gross income so far this year;

 

(b)

copies of all notices of assessment from Canada Revenue Agency for [20__, 20__, and 20__], the last 3 years;

(You can obtain copies from the Canada Revenue Agency by calling 1-800-959-8281 or going online at www.cra.gc.ca/myaccount.)

 

(c)

copies of all income tax returns, whether filed with the Canada Revenue Agency or not, completed with all schedules, attachments, and information slips (also available from the Canada Revenue Agency), for [20__, 20__, and 20__], the last 3 years;

 

(d)

if you are self-employed, or a member of a partnership, or a trustee, administrator or beneficiary of a trust, or you control a corporation, a statement of income, and you must comply with the directions in the statement of income;

 

(e)

if you are unable to provide the applicable attachments listed from (a) to (d), a letter detailing why you cannot provide them;

[ ]

a sworn statement of special or extraordinary expenses;

[ ]

a sworn statement of undue hardship circumstances;

[ ]

a sworn statement of expenses;

[ ]

a sworn statement of property;

[ ]

other (give specifics).

 

Possible order against you if you fail to obey

If you fail to obey this order, a judge or Family Court Officer may do any of the following without further notice to you:

 

(1)       make an order directing a person, such as your employer, to disclose financial or other information about you;

 

(2)       dismiss an application or claim, or any part of it, or stay a proceeding started by you;

 

(3)       make an interim order for child maintenance;

 

(4)       make any other interim order, including an order for spousal maintenance, or any other order sought;

 

 

In addition, a judge may:

 

(1)       make a final order for custody, access, or about parenting;

 

(2)       make a final order for child maintenance;

 

(3)       make any other interim or final order, including an order for spousal maintenance, or any other order sought;

 

(4)       make an order for costs against you;

 

(5)       make an order for contempt against you.

 

 

 

Issued: ________________ [month/day], 20__.

 

 

 

 

Family Court Officer

telephone:

fax:

 

(Add the following when order made by Family Court Officer:

Note that when an order is made by a Family Court Officer, the Family Court Rules permit you, or your counsel, to apply to the Family Court Officer to terminate or change the order, or appeal the order to a judge. The application must be made, or the appeal started, no more than 10 days after a copy of the order is delivered to you.)

Form 6.12A added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

 

Form 6.12B

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Order to Disclose

 

Before:

 

 

            A direction to disclose was mailed to you on [month/day] , 20                               ;

 

            And you, [name] , failed to disclose as directed;

 

 

You must file documents

You are ordered to file 3 copies of each of the following:

 

[ ]

a parenting statement;

[ ]

a sworn statement of income, including all of the following attachments:

 

(a)

copies of your last 2 consecutive income statements (for example, pay stubs, Employment Insurance stubs, social assistance stubs) or a letter from your employer or income provider stating your gross income so far this year;

 

(b)

copies of all notices of assessment from Canada Revenue Agency for [20__, 20__, and 20__], the last 3 years;

(You can obtain copies from the Canada Revenue Agency by calling 1-800-959-8281 or going online at www.cra.gc.ca/myaccount.)

 

(c)

copies of all income tax returns, whether filed with the Canada Revenue Agency or not, completed with all schedules, attachments, and information slips (also available from the Canada Revenue Agency), for [20__, 20__, and 20__], the last 3 years;

 

(d)

if you are self-employed, or a member of a partnership, or a trustee, administrator or beneficiary of a trust, or you control a corporation, a statement of income, and you must comply with the directions in the statement of income;

 

(e)

if you are unable to provide the applicable attachments listed from (a) to (d), a letter detailing why you cannot provide them;

[ ]

a sworn statement of special or extraordinary expenses;

[ ]

a sworn statement of undue hardship circumstances;

[ ]

a sworn statement of expenses;

[ ]

a sworn statement of property;

[ ]

other (give specifics).

 

 

Filing documents instead of appearing in court

You may file all of the information listed above with the court no later than [month/day] , 20___, to avoid the need to appear in court.

 

Otherwise, you are ordered to come to the courthouse at , Nova Scotia and appear before at [a.m./p.m.] on [month/day], 20___.

 

 

Possible order against you if you fail to obey

If you fail to obey this order, a judge or Family Court Officer may do any of the following without further notice to you:

 

(1)       make an order directing a person, such as your employer, to disclose financial or other information about you;

 

(2)       dismiss an application or claim, or any part of it, or stay a proceeding started by you;

 

(3)       make an interim order for child maintenance;

 

(4)       make any other interim order, including an order for spousal maintenance, or any other order sought;

 

In addition, a judge may:

 

(1)       make a final order for custody, access, or about parenting;

 

(2)       make a final order for child maintenance;

 

(3)       make any other interim or final order, including an order for spousal maintenance, or any other order sought;

 

(4)       make an order for costs against you;

 

(5)       make an order for contempt against you.

 

 

Issued: ________________ [month/day], 20__.

 

 

 

 

Family Court Officer

telephone:

fax:

 

(Add the following when order made by Family Court Officer:

Note that when an order is made by a Family Court Officer, the Family Court Rules permit you, or your counsel, to apply to the Family Court Officer to terminate or change the order, or appeal the order to a judge. The application must be made, or the appeal started, no more than 10 days after a copy of the order is delivered to you.)

Form 6.12B added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

 

Form 6.13

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Order for Disclosure by a Non-party

 

Before [Family Court Officer name /The Honourable Judge name ]:

 

The [Applicant/Respondent], [name] , has made an Application for an order [briefly describe the relief sought in the main application] .

 

The [Respondent/Applicant], [name of party who has failed to make disclosure] , after being personally served with an order to do so, failed to file required financial statements or supporting documents before the deadlines in the order.

 

The [Applicant/Respondent], has shown that [name of non-party] is [describe nature of relationship of the non-party to the party who has failed to make disclosure] .

 

It appears that [name of non-party] has relevant information about [name of party who has failed to make disclosure] .

 

It is ordered under Family Court Rule 6.14 as follows:

 

1          [name of non-party] is to provide the following information concerning the [name of party who has failed to make disclosure] no more than [15/ other number] days after the day a copy of this order is delivered to [name of non-party] :

 

            (a)   [details of required information and how it is to be disclosed] ;

 

            (b) 

 

2          A copy of this order is to be served personally to [name of non-party] by providing it to [name and office] at [address] .

 

 

Issued: ________________ [month/day], 20__.

 

 

 

 

Family Court Officer

telephone:

fax:

 

(Add the following when order made by Family Court Officer:

Note that when an order is made by a Family Court Officer, the Family Court Rules permit you, or your counsel, or anyone affected by the order, to apply to the Family Court Officer to terminate or change the order, or make an application for a review of the order by a judge. The application must be made no more than 10 days after a copy of the order is delivered to you.)

Form 6.13 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form 6.15

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Direction to Appear

 

To:

 

You must appear in court

You are required to appear before a court officer of the Family Court for a court-based assisted dispute resolution (court-based ADR) meeting.

 

Time and place

The court-based ADR meeting will occur on at , at the courthouse located at                                                                                                                                            , Nova Scotia.

 

Disclosure and court-based ADR

When you appear, you and the [respondent/applicant] will each be required to make full disclosure as required by the court of the relevant parenting and financial information, and to take part in discussions, which may include negotiations, to clarify and try to resolve the issues.

 

Legal counsel 

You have the right to be represented by counsel and it is recommended that you seek legal advice as soon as possible.

 

 

Issued: ________________ [month/day], 20__.

 

 

 

 

Family Court Officer

telephone:

fax:

Form 6.15 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

 

Form 6.20

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Court-Based ADR Record

 

1.         Issues in proceeding

            The Applicant raises the following issues:

 

 

            The Respondent raises the following issues:

 

 

            (see section 7 – Issues to be Resolved)

 

2.         Steps taken

 

Application and Intake filed on [month/day] , 20___.

Referral to Parent Information:

Applicant on [month/day] , 20___.

Respondent on [month/day] , 20___.

Attendance at Parent Information:

Applicant on [month/day] , 20___.

 

Respondent on [month/day] , 20___.

Meetings: [date or dates, and names of parties participating]

 

3.         Documents filed

By the Applicant:

(list forms and documents filed, for example

     notice of application filed on [month/day] , 20___.

     parenting statement filed on [month/day] , 20___.

     statement of income filed on [month/day] , 20___)

By the Respondent:

(list forms and documents filed, for example

     response to application filed on [month/day] , 20___.

     parenting statement filed on [month/day] , 20___.

     statement of income filed on [month/day] , 20___.)

 

4.         Orders and written agreements

            (list documents, for example

consent order respecting custody and access, issued on [month/day] , 20___.

interim order for child support, issued on [month/day] , 20___.

order to disclose to [name], by Family Court Officer, issued on [month/day] , 20___.)

 

5.         Representation by counsel

            Applicant:

 

            Respondent:

 

6.         Subjects never disputed or now agreed

            (see section 7 – Issues to be resolved)

 

7.         Issues to be resolved (delete any that do not apply)

 

[ ]

custody/access/parenting

 

[ ]

custody: custody to one party or joint custody

 

[ ]

custodial or residential parent

 

[ ]

access or contact

 

[ ]

paternity

 

[ ]

relocation

 

[ ]

other [detail]

[ ]

child maintenance

 

[ ]

paternity

 

[ ]

determination of income

 

[ ]

special or extraordinary expenses

 

[ ]

undue hardship

 

[ ]

shared custody

 

[ ]

child 19 or over

 

[ ]

person in place of a parent

 

[ ]

retroactive claim [detail]

 

[ ]

other [detail]

[ ]

spousal maintenance

 

[ ]

entitlement or need

 

[ ]

ability to pay

 

[ ]

amount

 

[ ]

other [detail]

[ ]

other [detail]

 

8.         Next steps taken by Family Court Officer or recommended

 

[ ]

provide draft consent order for approval

[ ]

refer to mediation

[ ]

order to non-party to disclose information

[ ]

interim order for child maintenance

[ ]

recommend that order for child maintenance be varied

[ ]

schedule a conference before a judge

[ ]

recommend that a parenting assessment report be prepared

[ ]

schedule a hearing before a judge

[ ]

other

 

 

 

Court-based ADR record as evidence

This court-based ADR record may be considered as evidence by the judge, subject to an objection to any part of the court-based ADR record, filed by a party or counsel no more than two days after the day a copy of this record is delivered to the party.

 

 

Issued: ________________ [month/day] , 20___.

 

 

 

 

Family Court Officer

telephone:

fax:

 

To:

Form 6.20 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form 6.21

20

 

No.

 

Family Court of Nova Scotia

 

Between:

 

 

 

 

Applicant

 

-and-

 

 

 

Respondent

 

Notice to Appear in Court

 

You must appear in court

You must appear in court at the courthouse at , Nova Scotia and appear before on [month/day] , 20___, at [a.m./p.m.] for a [conference/hearing/trial].

 

[Specify amount of time] has been set aside for the [conference/hearing/trial].

 

Legal counsel

You have the right to be represented by counsel and it is recommended that you seek legal advice as soon as possible.

 

Possible order against you if you fail to obey

If you fail to obey this order, a judge or Family Court Officer may do any of the following without further notice to you:

 

(1)       make an order directing a person, such as your employer, to disclose financial or other information about you;

 

(2)       dismiss an application or claim, or any part of it, or stay a proceeding started by you;

 

(3)       make an interim order for child maintenance;

 

(4)       make any other interim order, including an order for spousal maintenance, or any other order sought;

 

In addition, a judge may:

 

(1)       make a final order for custody, access, or about parenting;

 

(2)       make a final order for child maintenance;

 

(3)       make any other interim or final order, including an order for spousal maintenance, or any other order sought;

 

(4)       make an order for costs against you;

 

(5)       make an order for contempt against you.

 

Issued: ________________ [month/day] , 20___.

 

 

 

 

Family Court Officer

telephone:

fax:

 

To:

Form 6.21 added: O.I.C. 2014-400, N.S. Reg. 140/2014.

 

 ________________________________________________________________ 

 

Form 21.02A                                                                                                                 F. No.

 

In the Family Court for the Province of Nova Scotia

 

BETWEEN:

                                                                                                                                 - Applicant

 

- and -

 

                                                                                                                              - Respondent

 

Application

 

TAKE NOTICE that an application will be made on behalf of the (applicant) (respondent) to the Family Court, located at _______________, Nova Scotia, on ___________, the ____ day of _____________, 19___ at the hour of _____ o’clock in the _____ noon, or so soon thereafter as the application can be heard for an order

_____________________________________________________________________

 

AND TAKE NOTICE that in support of the application will be read the attached affidavit(s) and such other material as counsel may advise, a true copy of which will be delivered to you or your counsel not later than one clear day before the hearing of the application.

 

DATED at ____________, Nova Scotia, this _____day of ______________, 19___.

 

                                                                                                                                                  

                                                                         Counsel for the

 

TO:       _________________________

             _________________________

             _________________________

 

 

 

[CFSA Gen.]

 

 ________________________________________________________________ 

 

Form 21.02B                                                                                                              F. No.

 

In the Family Court for the Province of Nova Scotia

 

BETWEEN:

(Children’s Aid Society/Family and Children’s Services of)

(Minister of Community Services)                                                                          - Applicant

- and -

                                                                                                                              - Respondent

Order

BEFORE H ____ HONOUR JUDGE                                                                                      

 

UPON READING the Application and all other documents on file herein (and having heard evidence on _________________________);

 

AND UPON IT APPEARING that the proper persons have received notice of the application in accordance with the Family Court Rules and the Children and Family Services Act;

 

AND UPON HEARING _____________________ for the Applicant and _________________ for the Respondent;

 

NOW UPON MOTION:

IT IS ORDERED THAT:

DECISION RENDERED the _____ day of _______________, 19_____.

ISSUED at ___________, Nova Scotia, this _____ day of ____________ 19____.

 

 

Family Court Officer

 

CONSENTING AS TO FORM:

___________________________

Counsel for the

 

[CFSA Gen.]

 

 ________________________________________________________________ 

 

Form 21.03A                                                                                                               F. No.

 

In the Family Court for the Province of Nova Scotia

 

IN THE MATTER OF:   The Children and Family Services Act, Section 26(1)

 

- and -

 

IN THE MATTER OF:   The Application of

 

Application and Affidavit for Production and Inspection of Records

 

I, ___________________ (full name), of ___________ (City, Town or Municipality), in the County of ___________ and Province of Nova Scotia, make application pursuant to Section 26(1) of the Children and Family Services Act on behalf of the (Children’s Aid Society/Family and Children’s Services of/ Minister of Community Services) for an order for production and inspection of records or documents in the possession, custody or control of _____________ (person or organization) located at _______________________ (address) respecting the child(ren) __________________or the parent or guardian _____________________________;

 

AND in support of this application I make oath and say that:

 

1.    I am an agent of ________________________, an agency within the meaning of the Children and Family Services Act.

 

2.    I have reasonable and probable grounds to believe that the person or organization named above has possession, custody or control of records or documents containing information necessary for the agency to determine whether the child(ren) named above is (are) in need of protective services, pursuant to the following clause(s) of Section 22(2) of the Act:                                                                     

 

3.    The records or documents which are necessary can be described as follows:

                                                                                                                                                  

 

4.    The person or organization named above has refused or is unwilling to permit the production and inspection of those records or documents, more particularly

                                                                                                                                                   (name, title, date of person contacted)

 

Agent

 

SWORN TO before me at                                

in the County of                                               

and Province of Nova Scotia

this        day of                                 ,19          

 

                                                                         

A Commissioner, etc.

Province of Nova Scotia

 

[CFSA s. 26(1)]

 

 ________________________________________________________________ 

 

Form 21.03B                                                                                                            F. No.

 

In the Family Court for the Province of Nova Scotia

 

IN THE MATTER OF:   The Children and Family Services Act, Section 26(2)

 

- and -

 

IN THE MATTER OF:   The Application of

 

Application and Affidavit for Investigative Order(s)

 

I, _________________ (full name), of _____________ (City, Town or Municipality), in the County of ___________ and Province of Nova Scotia, make application pursuant to Section 26(2) of the Children and Family Services Act on behalf of the (Children’s Aid Society/Family and Children’s Services of/Minister of Community Services) for investigative order(s) described below respecting the child(ren) ________________________ or the parent or guardian                                                                                                                                     

(specify order sought, citing paragraph of Section 26(2))

 

AND in support of the application, I make oath and say that:

 

1.          I am an agent of _____________________, an agency within the meaning of the Children and Family Services Act.

 

2.          I have been refused access to the child, ____________________ (or entry to the premises located at __________________ (street address), Nova Scotia,) by ________________________ (parent, guardian or other person) on

             ________________ (date) at the hour of ______ o’clock in the ______ noon.

 

3.          I have reasonable and probable grounds to believe that the child(ren), ______

__________________ may be in need of protective services as described in Section 22(2) of the Act, paragraphs .

 

4.          It is necessary to make the order sought to determine whether the child is in need of protective services, for the following reasons:                                                            

                                                                                                                                                  

                                                                                                                                                  

                                                                                                                                                  

 

________________________

Agent

 

SWORN TO before me at                                

in the County of                                               

and Province of Nova Scotia

this _____ day of _________,19____

 

                                                                         

A Commissioner, etc.

Province of Nova Scotia

 

[CFSA s. 26(2)]

 

 ________________________________________________________________ 

 

Form 21.03C                                                                                                            F. No.

 

In the Family Court for the Province of Nova Scotia

 

IN THE MATTER OF:   The Children and Family Services Act, Section 29(1)

 

- and -

 

IN THE MATTER OF:   The Application of

 

Application and Affidavit for Order to Locate and Detain Runaway Child

 

I, ____________________ (full name), of __________ (City, Town or Municipality), in the County of _____________ and Province of Nova Scotia, make application pursuant to Section 29(1) of the Children and Family Services Act for an order authorizing a peace officer to locate and detain the child _________________, born ____________________;

 

AND in support of this application I make oath and say that:

1.          I am the _____________ (parent, guardian or representative of an agency), entitled to lawful care and custody of the child ________ (if applicable) pursuant to a written agreement or court order attached hereto and marked Exhibit “A”.

 

2.          The child                             , withdrew from my care and control without my consent on               (date), in the following circumstances (provide factual particulars):

 

 

 

 

 

3.          To the best of my knowledge and information, I believe the child                           ,

is located or was last seen at

             (provide as much detail as possible as to whereabouts, when last seen, etc.)

 

4.          I have reasonable and probable grounds to believe that the child’s health or safety may be at risk, more particularly (provide particulars)                                                       

                                                                                                                                                  

                                                                                                                                                  

 

 

 

5.          In the event that the child is located and detained by a peace officer, I may be contacted at ______________ (telephone number) and, if I cannot be contacted, the peace officer may contact ___________________________ (name, address and telephone number of alternative person, and state relationship)

 

Applicant

 

SWORN TO before me at                                

in the County of                                               

and Province of Nova Scotia

this        day of                                 ,19          

                                                                         

A Commissioner, etc.

Province of Nova Scotia

 

[CFSA s. 29]

 

 ________________________________________________________________ 

 

Form 21.03D                                                                                                              F. No.

 

In the Family Court for the Province of Nova Scotia

 

IN THE MATTER OF:   The Children and Family Services Act, Section 34(1)

 

- and -

 

IN THE MATTER OF:   The Application of

 

Application and Affidavit for Order to Enter and Search for Child

 

I, ____________________ (full name), of __________ (City, Town or Municipality), in the County of _____________ and Province of Nova Scotia, make application pursuant to Section 34(1) of the Children and Family Services Act on behalf of (Children’s Aid Society/Family and Children’s Services of/Minister of Community Services) for an order authorizing the agent named therein to enter the premises specified and to search for the child(ren) for the purpose of taking the child(ren) into care as permitted by and in accordance with Section 33 of the Act;

AND in support of the application I make oath and say that:

 

1.          I am an agent of _____________________, an agency within the meaning of

             the Children and Family Services Act.

 

2.          I have reasonable and probable grounds to believe that the child(ren)                        

____________________________ (name(s), if practicable) is (are) in need of

             protective services pursuant to Section 22(2), clause(s) ____________ on the

             following basis (provide brief particulars)                                                                  

                                                                                                                                                  

                                                                                                                                                  

                                                                                                                                                  

                                                                                                                                                  

 

3.          I have reasonable and probable grounds to believe that the child(ren)’s health or

             safety cannot be protected otherwise than by taking the child(ren) into care, for

             the following reasons:                                                                                                  

                                                                                                                                                  

                                                                                                                                                  

                                                                                                                                                  

 

4.          I (or another agent, as applicable) was refused entry to the premises located at

             ____________________________ (street address), Nova Scotia, where the

             child may be located, on _______________ (date and time).

 

5.          The parent, guardian or other person, ___________ (name) refused to give up

             the child to me (or another agent, as applicable) on __________ (date and time)

 

6.          I believe the child(ren) is (are) (or will be) located at ___________________

(provide street address of premises, if practicable) and I request that the agent

             named in the Order be                                                                                                 

 

 

 

Agent

 

SWORN TO before me at                                

in the County of _______ and Province of

Nova Scotia this ___ day of _________,19__

                                                                         

A Commissioner, etc.

Province of Nova Scotia

 

[CFSA s. 34]

 

 ________________________________________________________________ 

 

 

Form 21.04A                                                                                                              F. No.

 

In the Family Court for the Province of Nova Scotia

 

BETWEEN:

 

(Children’s Aid Society/Family and Children’s Services of)

(Minister of Community Services)

                                                                                                                                 - Applicant

 

- and -