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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 by O.I.C. 1998-577 (November 10, 1998), N.S. Reg. 87/98


Table of Contents
Text of regulations


Table of Contents


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 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.

Definitions
1.05 In these Rules, unless the context otherwise requires,

(a) "affidavit" includes a statutory declaration and an agreed statement of facts;

(b) "applicant" means any person who makes an application pursuant to these Rules;

(c) "application" means an application for a hearing and any proceeding thereto pursuant to any enactment administered by the court;

(d) "counsel" means a person who is entitled to appear and represent a party in the Family Court pursuant to the Barristers' and Solicitors' Act;

(e) "court" means the Family Court or a Judge thereof whether sitting in court or in chambers;

(f) "document" includes a sound recording, photograph, film, plan, chart, graph, report, or record of any kind, or a certified copy thereof;

(g) "enter judgment" means to deliver to the Family Court Officer an order embodying a judgment or to make a formal record of the judgment;

(h) "Family Court Officer" means, for the purpose of these Rules, a person designated by the court as a Family Court Officer.

(i) "hearing" means the hearing of an application or a trial pursuant thereto;

(j) "order" means an order or other decision or judgment of the court;

(k) "party" means any person named in an application pursuant to these Rules;

(l) "respondent" means any person who responds or replies to an application;

(m) "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 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

Every proceeding by application
6.01 Every proceeding shall be commenced by filing an application, with affidavit attached, with the Family Court Officer, and the proceeding is deemed to have been commenced on the date of the filing.

Family court officer filing
6.02 (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, viz:
Y
SB
LP
BW
LB
H
DM
G
AM
W
I
D
BG
Yarmouth
Shelburne
Liverpool
Bridgewater
Lunenburg
Halifax
Dartmouth
Guysborough
Amherst
Windsor
Ingonish
Digby
Barrington
SH
AT
PH
PA
S
AR
B
NG
T
K
M
L
Sherbrooke
Antigonish
Port Hood
Port Hawkesbury
Sydney
Arichat
Baddeck
New Glasgow
Truro
Kentville
Middleton
Little Brook

(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
6.03 (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, an order striking pleadings or parts thereof, an order removing the facsimile document from the file, staying further proceedings until compliance is complete, or 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.

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[ing] 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.


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

(CFS 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 -
- Respondent

Notice of Taking into Care

TAKE NOTICE that the undersigned Agent has on this day taken into care the child(ren) _____________________________________________________ who I have reasonable and probable grounds to believe is (are) in need of protective services and whose health or safety cannot be protected adequately otherwise than by being taken into care.

AND FURTHER TAKE NOTICE that a hearing must take place at the Family Court, located at ____________________, Nova Scotia, not later than five working days from today's date and, at that hearing or any adjournment of the hearing, the Court may make an Order affecting the custody of the child(ren).

AND FURTHER TAKE NOTICE that the agency named above will make application to the Family Court for the Province of Nova Scotia for a finding that the child(ren) is (are) in need of protective services under the Children and Family Services Act, Section 22(2), paragraph(s) __________ or such other grounds as may be included in the Protection Application (if applicable).

IF YOU ARE A PARENT OR GUARDIAN, YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL ENGAGED BY YOU and, should you be unable to afford a lawyer, a lawyer is available through the local legal aid office. If you wish to be represented by a lawyer, you should contact a lawyer AS SOON AS POSSIBLE.

DATED at ___________, Nova Scotia, this ____ day of ___________, 19___.

__________________________
Agent on behalf of the Applicant

(CFSA s.33)


Form 21.05A F. No. CSA

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

Protection Application and Notice of Hearing

TAKE NOTICE that the Applicant makes application to the Family Court for the Province of Nova Scotia for a finding that the child(ren):

Full Name Birth date Sex
____________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________

is (are) in need of protective services under the Children and Family Services Act, Section 22(2), paragraph(s) _______________, which state(s): __________
_____________________________________________________________

AND TAKE NOTICE that an interim hearing will take place at the Family Court, located at _______________, on __________ the ____ day of ___________, 19___ at the hour of ______ in the_____ noon or so soon thereafter as the application can be heard for an order _______________________________
_____________________________________________________________

(general nature of interim order requested)

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 before the interim hearing.

AT THIS INTERIM HEARING, the Court may make an order affecting the custody of the child(ren) noted above and, should you fail to appear, an order may be made in your absence without further notice to you. YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL ENGAGED BY YOU and, should you be unable to afford a lawyer, a lawyer is available through the local legal aid office.

AT THE HEARING at the time and place set out above, the Court is required to decide whether there are reasonable and probable grounds to believe that the child(ren) is (are) in need of protective services upon the basis of affidavits filed by any party, including you, but witnesses will not be heard by the Court unless leave of the Court is granted.

DATED at ___________, Nova Scotia, this ____ day of ___________, 19___.

____________________________
Counsel for the

TO: _______________________
_______________________

(CFSA s. 32)


Form 21.10A F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- Applicant

- and -
- Respondent

Order

BEFORE H_____ HONOUR JUDGE ___________________________

UPON READING the Application and all other documents on file herein;

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 IT APPEARING that the parties hereto have consented to the appointment of a mediator and a stay of the proceedings has been applied for;

AND UPON HEARING _________________________ for the Applicant and
______________________________for the Respondent;

NOW UPON MOTION:

IT IS ORDERED THAT:

1. The within proceedings shall be stayed until the ____ day of __________, 19__, subject to any further review and order of this Court.

2. Upon completion of the mediation, the mediator shall prepare a written report for the Court and, after delivery of the report to counsel for the parties or to the parties themselves if unrepresented, the report shall be filed with the Court.

(3. The report shall be closed or limited, stating only the number of interviews conducted, the persons who attended the interviews and the terms of any agreement reached or that an agreement was not reached. All other communications during mediation shall be confidential and privileged, not subject to disclosure during this proceeding, except as otherwise agreed by the parties.)

or

(3. The report shall be open or full, not making recommendations but including any information which the mediator considers relevant to the issues.)

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 s. 21(2))


Form 21.12A 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

Application for Disposition Order and Notice of Hearing

TAKE NOTICE that the Applicant makes application to the Family Court for the Province of Nova Scotia for a disposition order in this proceeding, namely an order for _____________________________ under the Children and Family Services Act, Section 42(1) ______________:

AND TAKE NOTICE that the disposition hearing will be held on the ___ day of __________, 19____ at the hour of ________ o'clock in the ________ noon;

AND TAKE NOTICE that in support of the application will be read the attached affidavit(s), the written Plan and such other material as counsel may advise, a true copy of which will be delivered to you or your counsel not later than two clear days before the commencement of the disposition hearing.

DATED at _____________, Nova Scotia, this ____ day of __________, 19___.

___________________________
Counsel for the
TO: _____________________
_____________________
_____________________

(CFSA s. 41)


Form 21.12B 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

Agency Plan for the Child's Care

1. Disposition order sought:

2. Description of services to be provided to remedy the condition or situation on the basis of which the child was found in need of protective services

(a) agency services:

(b) other community resources:

3. Criteria by which the agency will determine when its care and custody or supervision is no longer required (specify the objectives of the agency's intervention and how attainment of those objectives will be determined)

4. Estimate of the time required to achieve the purpose of the agency's intervention (including the appropriate date for review, specific time lines with respect to service plans and prognosis)

5. Where the agency proposes to remove the child from the care of a parent or guardian:

(a) Explanation of why the child cannot be adequately protected while in the care of the parent or guardian (refer to the condition or situation on the basis of which the child was found to be in need of protective services)

(b) Description of past and present services:

Services that have been attempted and their current status (include any reasons why the services have failed, if applicable)

Services that have been refused by the parent or guardian (specify the reasons for the refusal and any renewed offer of services made subsequent to that refusal)

Services that have been considered, but would be inadequate to protect the child (specify why the services would be inadequate to protect the child)

(c) Possible placements with a relative, neighbour or other member of the child's community or extended family that have been considered and rejected and reasons therefor

(d) What efforts, if any, are planned to maintain the child's contact with the parent or guardian (specify the proposed frequency and terms of any such contact)

6. Where the agency proposes that the child be placed in the temporary care and custody of the agency:

(a) A description of the child's needs with reference to the findings of current or previous assessments

(b) A statement of the goals to be achieved for the child while in temporary care and custody

(c) A statement of the objectives to be used to achieve the specified goals for the child

(d) A statement of the educational program for the child

(e) A statement of the ways in which the child's parents will be involved in the plan of care, including arrangements for contact between the child and the child's family

(f) Particulars of any specialized service to be provided

(g) Particulars of the dates for review of the plan of care and revisions to the plan of care as necessary

(h) A statement of the anticipated plan at final disposition, where applicable

7. Where the agency proposes that the child be placed in the permanent care and custody of the agency:

(a) Why the circumstances justifying the proposal are unlikely to change within a reasonably foreseeable time not exceeding the maximum time limits (specify the barriers to change, agency efforts to remedy or alleviate those barriers a why those efforts would be unsuccessful within the maximum time limits provided in the Act)

(b) Description of the arrangements made or being made for the child's long-term stable placement (refer to the child's present placement, any intended changes to that placement, any special needs of the child, availability of long-term placements, agency plans to identify a permanent placement for the child, adoption prospects, etc.)

(c) Access, if any, proposed for the child and any terms and conditions to be included in such access arrangements
_________________________________
of the Children's Aid Society/
Family and Children's Services/
Department of Community Services

Date: ________________________

(CFSA s. 41(3))


Form 21.12C 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 of Dismissal

BEFORE H_____ HONOUR JUDGE _______________________________

UPON HAVING FOUND that the child, ____________________________ was in need of protective services pursuant to the Children and Family Services Act, Section 22(2), paragraph(s) ______________ on the ___ day of __________, 19___;

AND UPON reading the application for disposition order and all other documents on file, including the agency's plan of care for the child, and having heard evidence on ______________________________________________________________;

AND THE COURT having rendered its decision dismissing the proceeding on the ____ day of _____________, 19____;

AND UPON HEARING ________________________ for the Applicant and
____________________________ for the Respondent;

NOW UPON MOTION:

IT IS ORDERED THAT:

1. The proceeding respecting the child, ______________________________
___________________ (full name, birth date, sex) is hereby dismissed.

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 s. 42(1)(a))


Form 21.12D 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

Supervision Order

BEFORE H_____ HONOUR JUDGE _____________________________

UPON HAVING FOUND that the child(ren), _______________________ ______________________________________________ were in need of protective services pursuant to the Children and Family Services Act, Section 22(2), paragraph(s) ___________ on the ____ day of _____________, 19__;

AND UPON reading the application for disposition order and all other documents on file, including the agency's plan of care for the child(ren), and having heard evidence on ______________________________________________________;

AND THE COURT having rendered its decision respecting disposition, including a statement of the plan for the child(ren)'s care and the reasons for the decision on the ____ day of ________________, 19_____;

AND UPON HEARING __________________________ for the Applicant and
_____________________________ for the Respondent;

NOW UPON MOTION:

IT IS ORDERED THAT:

1. The child(ren) ______________________________________________
___________________________________________________________
___________________________________________________________

(full name, birth date, sex)

shall remain in or be returned to the care and custody of ___________________, subject to the supervision of the Applicant Agency, for a period of _______ months.

2. The terms and conditions of the child's care and supervision shall be the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

3. Any representative of the supervising agency has the right to enter the residence of the child to provide guidance and assistance and to ascertain that the child is being properly cared for.

4. This supervision order shall be reviewed by the court at a hearing to be held on the _____ day of _____________, 19___ at the hour of ______ o'clock in the _____ noon or sooner upon the application of any party to this proceeding upon notice to the other parties.

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 s. 42(1)(b)(c))


Form 21.12E 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 for Temporary Care and Custody

BEFORE H_____ HONOUR JUDGE _______________________________

UPON HAVING FOUND that the child(ren), ___________________________
________________________________________________ were in need of protective services pursuant to the Children and Family Services Act, Section 22(2), paragraph(s) _____________ on the ___ day of ____________, 19__;

AND UPON reading the application for disposition order and all other documents on file, including the agency's plan of care for the child(ren), and having heard evidence on ________________________________________________;

AND THE COURT having rendered its decision respecting disposition, including a statement of the plan for the child(ren)'s care and the reasons for the decision on the ____day of _________________, 19___;

AND UPON HEARING ___________________________ for the Applicant and
_____________________________ for the Respondent;

AND UPON FINDING that the religious denomination of the child(ren) is
______________________________;

NOW UPON MOTION:

IT IS ORDERED THAT:

1. The child(ren) _______________________________________________
____________________________________________________________
____________________________________________________________

(full name, birth date, sex)

shall be placed in the temporary care and custody of the Applicant Agency for a period of ______ months.

2. The terms and conditions of the order shall be the following:
____________________________________________________________
____________________________________________________________
____________________________________________________________

(3. The child(ren) ______________________________________________,
shall be returned to the care and custody of _____________________, on the ___ day of _______________,19___ (or upon _______________________). (If applicable).)

3. This order for temporary care and custody shall be reviewed by the court at a hearing to be held on the ____ day of __________________, 19___ at the hour of _____ o'clock in the _____ noon or sooner upon the application of any party to this proceeding upon notice to the other parties.

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 s. 42(1)(d)(e))


Form 21.12F 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 for Permanent Care and Custody

BEFORE H_______ HONOUR JUDGE ____________________________

UPON HAVING FOUND that the child _________________________,
was in need of protective services pursuant to the Children and Family Services Act, Section 22(2), paragraph(s) ____________ on the ___ day of ____________, 19__;

AND UPON reading the application for disposition order and all other documents on file, including the agency's plan of care for the child, and having heard evidence on
________________________________________;

AND THE COURT having rendered its decision respecting disposition, including a statement of the plan for the child's care and the reasons for the decision on the ____ day of ______________, 19____;

AND UPON HEARING _________________________ for the Applicant and
__________________________ for the Respondent;

AND UPON FINDING that the religious denomination of the child is
_________________________;

NOW UPON MOTION:

IT IS ORDERED THAT:

1. The child, __________________________________ (full name, birth date, sex) shall be placed in the permanent care and custody of the Applicant Agency.

2. Access to the child shall be exercised by __________________ on the following terms and conditions:__________________________________________
___________________________________________________________
_________________________________________________(if applicable).

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 s. 42(1)(f))


Form 21.13A 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

Review Application and Notice of Hearing

TAKE NOTICE that _______________________________________________
makes application to the Family Court for the Province of Nova Scotia for a review of the supervision or temporary care and custody order made by the court on the ____ day of ___________, 19_____.

AND TAKE NOTICE that the application will be heard at the Family Court, located at ________________ , Nova Scotia on the ___ day of ___________, 19______ at the hour of _______ o'clock in the ________ noon.

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 two clear days before the commencement of the review hearing.

DATED at _____________, Nova Scotia, this ___ day of __________, 19___.

___________________________
Counsel for the
TO: ____________________
____________________
____________________

(CFSA s. 46)


Form 21.14A 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

Application Respecting Access Under an Order for Permanent Care

and Custody and Notice of Hearing

TAKE NOTICE that ________________________________ makes application to the Family Court for the Province of Nova Scotia for an order respecting access to the child(ren) ________________________________________________, under an order for permanent care and custody, made on the ______ day of __________, 19___.

AND TAKE NOTICE that the Applicant herein requests:

(1) that an order for access be granted, based upon paragraph(s) ______________ of Section 47(2) of the Children and Family Services Act; or

(2) that the order for access made the _____ day of ____________, 19___ be varied in accordance with Section 47(3) of the Children and Family Services Act; or

(3) that the order for access made the _____ day of __________ ,19__ be terminated.

AND TAKE NOTICE that the application will be heard at the Family Court, located at ______________, Nova Scotia on the _____ day of ____________, 19___ at the hour of _______ o'clock in the _____ noon.

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 two clear days before the commencement of the hearing.

DATED at ____________, Nova Scotia, this ____ day of ___________, 19___.

___________________________
Counsel for the
TO: ____________________
____________________
____________________

(CFSA s. 47(2))


Form 21.14B F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- Applicant

- and -
- Respondent

Application to Terminate Order for Permanent Care and Custody
and Notice of Hearing

TAKE NOTICE that ___________________________________________
makes application to the Family Court for the Province of Nova Scotia to terminate the order for permanent care and custody, made the _____ day of _________, 19___

AND TAKE NOTICE that no leave to make the within application is required as the Applicant herein complies in all respects with the provisions of Section 48 of the Children and Family Services Act

(or, AND TAKE NOTICE that leave has been obtained by order made the _____ day of ________, 19___ as required by Section 49(6)(___) of the Children and Family Services Act (if applicable))

AND TAKE NOTICE that the application will be heard at the Family Court, located at ____________, Nova Scotia, on the _____ day of __________, 19 ___ at the hour of _______ o'clock in the _____noon.

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 two clear days before the commencement of the hearing.

DATED at ___________, Nova Scotia, this ____ day of ________, 19____.

_________________________
Counsel for the
TO: __________________
__________________
__________________

(CFSA s. 48)


Form 21.14C F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- Applicant

- and -
- Respondent

Supervision Order

BEFORE H_____ HONOUR JUDGE _______________________________

UPON reading the application to terminate the order for permanent care and custody respecting the child(ren) ___________________________________________ and all other documents on file, including the agency's plan of care for the child(ren), and having heard evidence on _____________________________________;

AND THE COURT having rendered its decision respecting disposition, including a statement of the plan for the child(ren)'s care and the reasons for the decision on the ______ day of __________, 19___;

AND UPON HEARING __________________________ for the Applicant and
__________________________ for the Respondent;

NOW UPON MOTION:

IT IS ORDERED THAT:

1. The child(ren) ____________________________________________
______________________________________________________________
______________________________________________________________

(full name, birth date, sex)

shall remain in or be returned to the care and custody of _________________,
subject to the supervision of the Applicant Agency, for a period of _______ months.

2. The terms and conditions of the child's care and supervision shall be the following:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

3. Any representative of the supervising agency has the right to enter the residence of the child to provide guidance and assistance and to ascertain that the child is being properly cared for.

4. This supervision order shall be reviewed by the court at a hearing to be held on the _______ day of __________ , 19___ at the hour of _____ o'clock in the _____ noon or sooner upon the application of any party to this proceeding upon notice to the other parties.

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 s. 48(8)(c)(d))


Form 21.14D F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- Applicant

- and -
- Respondent

Order Terminating an Order for Permanent Care and Custody

BEFORE H______ HONOUR JUDGE _____________________________

UPON reading the application to terminate the order for permanent care and custody respecting the child ___________________________, and all other documents on file, including the agency's plan of care for the child(ren), and having heard evidence on _______________________;

AND THE COURT having rendered its decision respecting disposition, including a statement of the plan for the child's care and the reasons for the decision on the _____ day of _________, 19___;

AND UPON HEARING _________________________ for the Applicant and
______________________ for the Respondent;

NOW UPON MOTION:

IT IS ORDERED THAT:

1. The order of permanent care and custody respecting the child _______________________ (full name, birth date, sex), issued the _____ day of _________, 19___, is terminated.

2. Custody of the child _____________________, is granted to ______________________.

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 s. 48(8)(e))


Form 21.15A 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

Notice of Settlement
TO: _________________________________
Clerk of the City, Town or
Municipality of _____________________

TAKE NOTICE that the Applicant Agency has filed a protection application respecting the child(ren) _____________________________________________
who is (are) not the child(ren) of an unmarried mother and whose place of settlement is believed to be __________________________________________________;

AND TAKE NOTICE that a hearing will be held at the Family Court, located at ____________ Nova Scotia, on the ______ day of __________, 19___, at the hour of ______ o'clock in the _____ noon, at which time the settlement of the child(ren) will be deemed to be that specified above, unless you or your representative appears and presents evidence to the contrary;

DATED AT ____________ Nova Scotia, this _____ day of ________, 19___.

_______________________
Counsel for the

(CFSA s. 51(1))


Form 21.15B 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

Acceptance of Settlement

UPON having been served with a Notice of Settlement in this proceeding on the _____ day of _________, 19___, respecting the child(ren), _____________
_____________________________________________________________;

AND RECOGNIZING THAT the settlement of the child(ren) may be disputed and a hearing held pursuant to Section 51 of the Children and Family Services Act, at which time evidence may be presented;

IT IS HEREBY ACCEPTED THAT the settlement of the child(ren) referred to above is __________________________________________________

(city, town or municipality)

____________________________________
Authorized on behalf of the Clerk of the City,
Town or Municipality of _____________________

(CFSA s. 51)


Form 21.15C 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

Notice of Finding of Settlement

BEFORE H_____ HONOUR JUDGE ______________________________

UPON a protection application having been filed on the _____ day of _________, 19___ by the Applicant Agency;

(AND UPON a Notice of Settlement having been served upon the Clerk for the City, Town or Municipality of __________________________;)

AND UPON HEARING ___________________________________________

IT IS HEREBY DETERMINED THAT:

_______________________________________ is the place of settlement of the
child(ren), _______________________________________________________

or

the child(ren) has (have) no settlement within the Province of Nova Scotia

or

it is unnecessary to determine the settlement of the child(ren) because of the applicability of the provisions of Section ______ of the regulations under the Children and Family Services Act.

ISSUED at ___________, Nova Scotia, this _____ day of _________, 19___.

___________________________
Family Court Officer

(CFSA s. 51(6))


Form 21.16A F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:

Minister of Community Services
- Applicant
- and -
- Respondent

Application for Consent to Treatment and Notice of Hearing

TAKE NOTICE that the Minister of Community Services makes application for certain orders respecting consent to treatment respecting the child ________
___________________________________________ (full name, birth date, sex), pursuant to Section 61 of the Children and Family Services Act;

AND TAKE NOTICE that the application will be heard at 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 authorizing the provision of proper medical or other recognized remedial care or treatment that is considered essential for the preservation of life, limb or vital organs of the child and such ancillary orders as may be necessary, upon such terms that the court considers necessary;

AND TAKE NOTICE that in support of the application will be read the attached affidavit(s), the attached medical reports of two duly qualified medical practitioners and such other material as counsel may advise, a true copy of which will be delivered to you or your counsel before the hearing;

AT THIS HEARING, the court may make an order authorizing the provision of proper medical or other recognized remedial care or treatment for the child and, should you fail to appear, an order may be made in your absence without further notice to you.

YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL ENGAGED BY YOU and, should you be unable to afford a lawyer, a lawyer is available through the local legal aid office. If you wish to be represented by a lawyer, you should contact a lawyer AS SOON AS POSSIBLE.

DATED at ____________, Nova Scotia, this ____ day of ________, 19___.

_____________________________
Counsel for the
Minister of Community Services
TO: _________________________
_________________________

(CFSA s. 61)


Form 21.17A 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

Application for a Finding for Purposes of Entry in the Child Abuse Register

TAKE NOTICE that the (Children's Aid Society/Family and Children's Services of) (Minister of Community Services) makes application for a finding that the Respondent has abused the child, _______________________, as described in the Children and Family Services Act, Section 62, paragraph (a) or (b) or (c);

AND TAKE NOTICE that in support of the application will be read the attached affidavit(s), providing further factual particulars of the alleged abuse;

AND TAKE NOTICE that you must complete and file the attached Notice of Objection within thirty days of the date of service of this application with the Family Court at ____________, Nova Scotia. IF YOU DO NOT FILE THE NOTICE OF OBJECTION WITHIN THIRTY DAYS, THE COURT MAY MAKE A FINDING OF ABUSE FOR PURPOSES OF ENTRY IN THE CHILD ABUSE REGISTER WITHOUT FURTHER NOTICE TO YOU. ONCE YOUR NAME IS ENTERED IN THE CHILD ABUSE REGISTER, THE ENTRY WILL AFFECT YOUR ABILITY TO BECOME A FOSTER OR ADOPTIVE PARENT OR TO OBTAIN EMPLOYMENT OR WORK AS A VOLUNTEER CARING FOR OR WORKING WITH CHILDREN.

If you complete and file the attached Notice of Objection and mail it to the Family Court in the enclosed envelope, you will receive a Notice of Hearing, not later than ten days prior to the date of hearing of the application;

YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL ENGAGED BY YOU and, should you be unable to afford a lawyer, a lawyer is available to you through the local legal aid office.

DATED at ___________, Nova Scotia, this ____ day of ________, 19___.

____________________________
Counsel for the
TO: ________________
________________
________________

(CFSA s. 63(3))


Form 21.17B 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

Notice of Objection

TAKE NOTICE that the Respondent objects to the application for a finding of abuse for purposes of entry in the Child Abuse Register, dated the _____ day of ___________, 19___;

AND TAKE NOTICE that my reasons for objecting are: ___________
_____________________________________________________________
_____________________________________________________________

AND TAKE NOTICE that my address for further service of a Notice of Hearing in this proceeding is:
______________________________________________________________
(Street) / (Apt. No.)
______________________________________________________________
(City, Town or Municipality) / (Postal Code)

DATED at ______________, Nova Scotia, this ___ day of ____________, 19___.

____________________________
Respondent

TO: The Family Court for the Province of Nova Scotia

(CFSA s. 61(3))


Form 21.17C 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

Notice of Default

TAKE NOTICE that an application for a finding of abuse for purposes of entry in the Child Abuse Register was served upon the Respondent on the ___ day of ________, 19___ as appears from the Affidavit of Service on file;

AND TAKE NOTICE that more than thirty days has elapsed since the service of the application upon the Respondent and no Notice of Objection has been returned to the Family Court;

AND THEREFORE TAKE NOTICE that the Applicant now requests that the Court make a finding of abuse without a hearing and without further notice to the Respondent as specified in the form of order on file.

DATED at ______________, Nova Scotia, this ___ day of __________,19___

_______________________________
Counsel for the

(CFSA s. 61(3))


Form 21.17D F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:

(Children's Aid Society of/Family and Children's Services of)
(Minister of Community Services)
- Applicant
- and
- Respondent

Notice of Hearing

TAKE NOTICE that the hearing of the application for a finding that the Respondent has abused the child ___________________,will take place at 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.

AND TAKE NOTICE that in support of the application will be read the affidavit previously served upon you 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.

IF YOU FAIL TO APPEAR AT THE ABOVE HEARING, YOU WILL BE CONSIDERED TO HAVE ADMITTED TO A FINDING OF ABUSE AS ALLEGED IN THE APPLICATION PREVIOUSLY SERVED UPON YOU. THAT FINDING WILL RESULT IN YOUR NAME BEING ENTERED IN THE CHILD ABUSE REGISTER, WHICH WILL AFFECT YOUR ABILITY TO BECOME A FOSTER OR ADOPTIVE PARENT OR TO OBTAIN EMPLOYMENT OR WORK AS A VOLUNTEER CARING FOR OR WORKING WITH CHILDREN.

DATED at ____________, Nova Scotia, this ___ day of ___________, 19____

____________________________
Counsel for the

TO: ________________________

(CFSA s. 61(3))


Form 21.17E 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 of Finding of Abuse

BEFORE H____ HONOUR JUDGE _________________________________

UPON READING THE APPLICATION for a finding of abuse for purposes of entry in the Child Abuse Register, dated the ___ day of _______________, 19___

AND UPON IT APPEARING that the Respondent has been served in accordance with the Family Court Rules and the Children and Family Services Act;

(AND UPON NO NOTICE OF OBJECTION having been filed by the Respondent;

OR

AND UPON A NOTICE OF OBJECTION having been filed and a Notice of Hearing having been served upon the Respondent and the Respondent having failed to appear at the hearing on the ___ day of _______________, 19____;

OR

AND UPON A NOTICE OF OBJECTION having been filed and the Respondent having appeared and evidence having been heard on the ____ day of _________, 19___;)

AND UPON HEARING ___________________________ for the Applicant (and ______________________ for the Respondent);

NOW UPON MOTION:

IT IS ORDERED THAT the Respondent is found to have abused the child
__________________________, as described in the Children and Family Services Act, Section 62, paragraph (a) or (b) or (c).

DECISION RENDERED the___ day of __________, 19___.

ISSUED at __________, Nova Scotia, this ____ day of ___________, 19___

___________________________
Family Court Officer

(CFSA s. 61(3))


Form 21.17F F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- Applicant

- and -
- Respondent

Application and Affidavit for Removal

I, ____________________ (full name), of ______________________(City, town or municipality) in the County of ____________________ and Province of Nova Scotia, make application for removal of my name from the Child Abuse Register pursuant to Section 64(2) of the Children and Family Services Act;

AND I make oath and say that:

1. Attached hereto and marked Exhibit "A" to this my Affidavit is a true copy of the written notice of registration received by me from the Child Abuse Register.

2. I do not now pose a risk to children, for the following reasons:
______________________________________________________________
______________________________________________________________

3. I therefore request an order that my name be removed from the Child Abuse Register.

4. My address for further service is:
_____________________________________________________________
(Street) / (Apt. No.)
______________________________________________________________
(City, town or municipality) / (Postal code)

DATED at ____________, Nova Scotia, this ___ day of ____________, 19___.

_________________________
Respondent

TO: The Minister of Community Services

(CFSA s. 64(2))


Form 21.17G F. No.

In the Family Court for the Province of Nova Scotia

BETWEEN:
- Applicant

- and -
- Respondent

Order of Removal

BEFORE H_____ HONOUR JUDGE ____________________________

UPON READING THE APPLICATION for removal of the Respondent's name from the Child Abuse Register, dated the ______ day of _______________, 19___;

AND UPON IT APPEARING that the Minister of Community Services has been served in accordance with the Family Court Rules and the Children and Family Services Act;

AND UPON evidence having been heard and a decision having been rendered on the ______ day of _____________, 19___;

AND UPON HEARING ____________________________ for the Respondent
and _________________________ for the Minister of Community Services;

NOW UPON MOTION:

IT IS ORDERED THAT the name of the Respondent be removed from the Child Abuse Register.

DECISION RENDERED the _____ day of ______________, 19___.

ISSUED at ___________, Nova Scotia, this ____ day of _________, 19___.

____________________________
Family Court Officer

(CFSA s. 64(2))