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Family Court Rules

made under Sections 11 and 12 of the

Family Court Act

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

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

as amended to O.I.C. 2017-142, (April 27, 2017, effective May 26, 2017), N.S. Reg. 81/2017



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Rule 1: Citation, Application and Interpretation

Citation

Application

Object of rules

Application of Interpretation Act and Civil Procedure Rules

Definitions

Waiver of Rule by agreement

 

Rule 2: Effect of Non-compliance

Non-compliance with Rules

 

Rule 3: Time

Computation of time

Time Definition Act

Extension, etc. of time

 

Rule 4: Forms and Practice Memoranda

Forms

Practice memoranda

 

Rule 5: Parties

More than 1 party

Third person as party

Order separate hearings

Change of parties

Representation

Litigation guardian

Appointment of litigation guardian

Written consent or order

Certificate

Replacement, discharge and duties

As amicus curiae

 

Rule 6: Commencement of Proceedings

Definitions for Rule 6

Contact information

Must advise of change

Risk of harm

Delivery to address is sufficient notice

Family court officer filing

Fax filing

Cover page

When fax filing complete

Failure to comply

Certified document by fax

Electronic filing

Starting a proceeding

Respondent may apply 

Respondent may apply to vary

Disclosure by parenting statement and deadline for filing

Disclosure by statement of contact time and interaction and deadline for filing

Disclosure by financial statements

Waiver if conditions met

Disclosure of financial information for child support and other claims

Disclosure by affidavit

Deadlines for filing financial statements

Direction to disclose

Order to appear and disclose

Order to disclose

Failure to comply

Order for disclosure by non-party

Ex parte motion

Application for disclosure by a person who is not a party

Court-based ADR

Court-based ADR meeting and directions

Conduct of court-based ADR

Consent order in court-based ADR

Interim order for child support

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

Court-based ADR record

Referral to court

Arrange pre-hearing conference

Arrange settlement conference

Parent information program

Failure to attend

 

Rule 7: Notice and Place of Proceeding

Place of proceeding

Notice

Service

Substituted service

Affidavit of service

Ex parte applications and motions

 

Rule 8: Amendment

By the court

 

Rule 9: Motions

Interlocutory step

Civil Procedure Rules apply

 

Rule 10: Pre-Hearing Conferences

Pre-hearing conference

Judge may give directions

Failure to appear

Family court officer may recommend

 

Rule 11: Settlement Conferences

Settlement conference procedure

Failure to comply with directions or appearance

Judge may recuse

 

Rule 12: Paternity Testing

By consent

By judge’s order

 

Rule 13: Admissions and Expert Witnesses

Voluntary admissions

Expert witnesses

Report

 

Rule 14: Hearing Procedures

Failure to attend

Adjournment

Exclusion of witnesses, etc.

Child testimony

Copies of document for other party

Proof of fact or document subsequent to hearing

Order for documents

Translation

Subpoena

Service of subpoena

Duration of subpoena

Subpoena of opposing party

Failure to obey subpoena

Contempt proceedings

 

Rule 15: Telephone and Video Conference

Hearing by attendance in courtroom

 

Rule 16: Affidavits

Affidavit

Contents of affidavit

Exhibits

Scandalous, etc., matter in affidavit

 

Rule 17: Counsel

Counsel of record

Ceasing to be counsel of record

Counsel for a non-party

Discharge of counsel

Change of counsel

Party acting on own after discharging counsel

Information provided by family court officer

Counsel for limited purpose 

Duty of discharged counsel

Withdrawal of counsel

New designated address for delivery

 

Rule 18: Acting on One’s Own

Party acting on own

Information for party acting on their own

Further information

Party requiring counsel

Assistant

Restrictions on agent or assistant

Communicate with counsel

Communication with the court

 

Rule 19: Withdrawal

Notice of withdrawing

Order for costs, continuation or subsequent proceeding

Effect of withdrawal

 

Rule 20: Orders

Effective date

Requiring an act to be done

Preparation of an order

Finalizing operative terms of order

Issue of order

Certification of order

 

Rule 21: Costs

Award and collection

Judgement including costs

 

Rule 22: Execution and Garnishee Orders

Civil Procedure Rules apply

Garnishee order

Wages garnished

Amended garnishee order

Employer to answer

 

Rule 23: Transfer and Consolidation of a Proceedingand Exercise of Jurisdiction by Another Judge

Transfer of a proceeding

Consolidation

Exercise of jurisdiction

 

Rule 24: Proceedings under the Children and Family Services Act

Interpretation

Forms

Ex parte applications 

Taking into care

Commencement of proceedings

Place of hearing

Joinder of proceedings

Interim hearings

Disclosure and discovery

Mediation

Pre-hearing conference

Protection hearing

Disposition hearing

Conferencing

Reviews

Termination of permanent care and custody orders and variation of access

Consent to treatment

Child abuse register

Secure-treatment certificate

Place of hearing

Service on parent or guardian

Evidence

Hearing of application for secure-treatment order

Hearing of application for renewal of secure-treatment order

Hearing of review of secure-treatment order

Order

 

Forms

Personal Representation Form

Form FC 1: Statement of Contact Information and Circumstances

Form FC 2A: Parenting Statement

Form FC 2B: Statement of Contact Time and Interaction

Form FC 3: Statement of Income

Form FC 4: Statement of Special or Extraordinary Expenses

Form FC 5: Statement of Undue Hardship Circumstances

Form FC 6: Statement of Expenses

Form FC 7: Statement of Property

Form FC 8: Waiver of Financial Statements

Form FCO 1: Interim Order for Child Support

Form FCO 2: Order for Paternity Testing

Form FCO 3: Order

Form 6.02A: Notice of Application

Form 6.02B: Notice of Variation Application

Form 6.02C: Response to Application

Form 6.02D: Response to Variation Application

Form 6.11: Direction to Disclose

Form 6.12A: Order to Appear and Disclose

Form 6.12B: Order to Disclose

Form 6.13: Order for Disclosure by a Non-Party

Form 6.15: Direction to Appear

Form 6.20: Court-Based ADR Record

Form 6.21: Notice to Appear in Court

Form 14.01: Warrant

Form 14.09: Subpoena 

Form 17.05: Notice of New Counsel

Form 18.01: Notice of Intention to Act on One’s Own

Form 19.01: Notice of Withdrawing

Form 22.02: Garnishee Order

Form 24.02A: Application

Form 24.02B: Order

Form 24.03A: Application and Affidavit for Production and Inspection of Records

Form 24.03B: Application and Affidavit for Investigative Order(s)

Form 24.03C: Application and Affidavit for Order to Locate and Detain Runaway Child

Form 24.03D: Application and Affidavit for Order to Enter and Search for Child

Form 24.04A: Notice of Taking into Care

Form 24.05A: Protection Application and Notice of Hearing

Form 24.08B: Notice of Band’s Intention

Form 24.10A: Order for Mediation Report and Extension of Time Limit Pending Completion of Mediation

Form 24.12A: Application for Disposition Order and Notice of Hearing

Form 24.12B: Agency Plan for the Child’s Care

Form 24.12C: Order of Dismissal

Form 24.12D: Supervision Order

Form 24.12DA: Customary Care and Supervision Order

Form 24.12E: Order for Temporary Care and Custody

Form 24.12F: Order for Permanent Care and Custody

Form 24.12.1A: Application Regarding Missed Conference and Notice of Hearing

Form 24.12.1B: Order Terminating Conferencing

Form 24.12.1C: Notice of Termination of Conferencing

Form 24.12.1D: Notice of Time Spent in Conferencing

Form 24.12.1E: Agreed Statement of Facts Respecting Conferencing

Form 24.13A: Review Application and Notice of Hearing

Form 24.14A: Application Respecting Access Under an Order for Permanent Care and Custody and Notice of Hearing

Form 24.14B: Application to Terminate Order for Permanent Care and Custody and Notice of Hearing

Form 24.14C: Supervision Order

Form 24.14D: Order Terminating an Order for Permanent Care and Custody

Form 24.16A: Application for Consent to Treatment and Notice of Hearing

Form 24.17A: Application for a Finding for Purposes of Entry in the Child Abuse Register

Form 24.17B: Notice of Objection

Form 24.17D: Notice of Hearing

Form 24.17E: Order of Finding of Abuse

Form 24.17F: Application and Affidavit for Removal

Form 24.17G: Order of Removal

Form 24.20A: Notice to Parent

Form 24.20B: Application to be Added as a Party to a Secure-Treatment Proceeding

Form 24.22A: Application for Secure-Treatment Order

Form 24.23A: Application for Renewal of Secure-Treatment Order

Form 24.24A: Application for Review of Secure-Treatment Order

Form 24.25A: Secure-Treatment Order 

Form 24.25B: Order Dismissing a Secure-Treatment Application

Form 24.25C: Order Terminating a Secure-Treatment Order

 

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 must be continued in accordance with these Rules except to the extent they cannot be adapted to the proceeding.

 

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


Object of rules

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


Application of Interpretation Act and Civil Procedure Rules

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

 

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

 

            (3)  A family court officer has the powers of a prothonotary under the Civil Procedure Rules subject to the discretion of the court.


Definitions

1.05     In these Rules, unless the context otherwise requires,

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

“family court officer” means a person designated by the court as a family court officer;

 

Guidelines” means the provincial Child Support Guidelines;

 

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

 

“order” means an order or other decision or judgment, whether oral or written, made by the court or a judge and includes an order made by a family court officer as authorized by these Rules;

 

“party” means any person named in an application made under these Rules;

 

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

 

“response” means either the response to application or response to variation application provided for in these Rules;

 

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

 

“spouse” has the same meaning as defined in the Parenting and Support Act.


Waiver of Rule by agreement

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

Rule 1 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.



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 constitutes an irregularity and, unless the court otherwise orders, the failure to comply does 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 must be made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

Rule 2 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.



Rule 3: Time


Computation of time

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

 

                   (a)    the period of days in a Rule does not include any of the following:

 

                            (i)     the day the period begins,

 

                            (ii)    a Saturday and Sunday in the period,

 

                            (iii)   a weekday the office of the court is closed during the period,

 

                            (iv)   the day on which a thing is required or first permitted to be done;

 

                   (b)    a document delivered on a Saturday, Sunday or a weekday that the office of the court is closed is considered to be delivered on the next weekday when the office of the court is open;

 

                   (c)    a document delivered after 4:30 pm is considered to be delivered on the next weekday when the office of the court is open;

 

                   (d)    a day is the period between midnight and the instant before midnight marking the beginning of the next day;

 

                   (e)    for the purposes of Section 3 of the Time Definition Act, a year is the 365 days from midnight of a day on the Gregorian calendar to the instant before midnight marking the beginning of the same numbered day, in the same month, in the following year, except the period that is 366 days for a year that includes the 29th day of February.


Time Definition Act

3.02     The Time Definition Act applies to these Rules.


Extension, etc. of time

3.03     (1)  The court may, on any terms that 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 may be granted only if the judge is satisfied that it is not being sought to unnecessarily delay, or otherwise interfere with, the proceedings.

Rule 3 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.



Rule 4: Forms and Practice Memoranda


Forms

4.01     The forms in the appendices, or as issued by a practice memorandum, must be used where applicable with any variations that the circumstances of the particular proceeding require.


Practice memoranda

4.02     A judge, a group of judges or the Rules Committee may issue practice memoranda consistent with these Rules for the better operation of these Rules and the functioning of the court.

Rule 4 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.



Rule 5: Parties


More than 1 party

5.01     Subject to Rule 5.02, 2 or more persons, with leave of the court, may be joined together in one proceeding as either applicants or respondents.


Third person as party

5.02     (1)  Any person may intervene in a proceeding and become a party only if leave of the court is granted and subject to enactments respecting confidentiality.

 

            (2)  A person seeking to become a party in a proceeding must demonstrate to the satisfaction of a judge a direct interest in either of the following:

 

                   (a)    the subject matter of the proceeding; or

 

                   (b)    the enforcement of a judgment.

 

            (3)  Any person seeking to intervene in a proceeding must file an affidavit containing the grounds for the intervention and the nature of the claim of a direct interest in the subject matter of the proceeding, or concerning the enforcement of a judgment.


Order separate hearings

5.03     If 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

5.04     (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 a party.

 

            (2)  Any person made a party under this Rule may, within 10 days after the order is served on them, apply to the court to have the order discharged or varied.


Representation

5.05     (1)  A party may be represented in a proceeding by any of the following:

 

                   (a)    a lawyer, subject to the Legal Profession Act;

 

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

 

            (2)  A lawyer may become counsel of record and be removed as counsel of record in accordance with Rule 17.


Litigation guardian

5.06     (1)  For the purposes of these Rules, “person under disability” is a person who is either of the following:

 

                   (a)    a person under the age of majority who is required by order of the court to commence or defend a proceeding by a litigation guardian; or

 

                   (b)    a person who is not capable of managing their affairs.

 

            (2)  A person under disability must commence or defend a proceeding by a litigation guardian unless the court otherwise 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 must or may be done on the person’s behalf by the litigation guardian, if the party is a person under disability.

 

            (4)  A litigation guardian of a person under disability must act by counsel.


Appointment of litigation guardian

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

 

            (2)  No other person may act as a litigation guardian for a party who already has a litigation guardian in a proceeding, unless the court otherwise orders.

 

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


Written consent or order

            (4)  Before the name of a person is used in a proceeding as the litigation guardian, either of the following must be filed with the family court officer:

 

                   (a)    the person’s written consent to be the litigation guardian; or

 

                   (b)    if the person has been appointed a litigation guardian by a judge, a true copy of the order appointing them.


Certificate

            (5)  A guardian acting in a proceeding, other than one appointed under an enactment, must file with the family court officer a certificate certifying that the guardian knows or believes that

 

                   (a)    the person to whom the certificate relates is a person under disability, giving the grounds of that 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.


Replacement, discharge and duties

5.08     Unless the court otherwise directs, Rule 36 of the Civil Procedure Rules respecting the replacement, discharge and duties of a litigation guardian applies.


As amicus curiae

5.09     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 5 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.



Rule 6: Commencement of Proceedings


Definitions for Rule 6

6.01     In this Rule 6, unless the context otherwise requires,

 

“conferences” means either of the following:

 

                            (i)     “pre-hearing conference” means a judicial pre-hearing or case-management conference as set out in Rule 10, or

 

                            (ii)    “settlement conference” means a judicial conference for settlement purposes to assist the parties in resolving an issue or issues in the proceedings as set out in Rule 11;

 

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

 

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

 

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

 

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


Contact information

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

 

            (2)  The contact information must include a mailing address, which may be the designated address, and any other means by which the person or counsel is regularly contacted by others, such as a telephone number, an e-mail address and a fax number and may be in Form FC 1 or other form as directed by the family court officer.


Must advise of change

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


Risk of harm

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


Delivery to address is sufficient notice

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


Family court officer filing

6.03     (1)  Upon receipt of an application, the family court officer must do all of the following:

 

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

 

                   (b)    impress the family court officer’s signature and the seal of the court on the application;

 

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

 

                   (d)    file a true copy of the application in the family court officer’s office.

 

(2)       The file number assigned to a proceeding consists of each of the following:

 

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

 

                   (b)    a letter designating the office where the proceeding is commenced, as follows:


AM

Amherst

LB

Lunenburg

AR

Annapolis Royal

LP

Liverpool

AT

Antigonish

PIC

Pictou

BG

Barrington

SB

Shelburne

BW

Bridgewater

T

Truro

C

Comeauville

W

Windsor

D

Digby

Y

Yarmouth

K

Kentville

 

 

 

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

 

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

 

            (4)  When a proceeding is transferred to another office of the Family Court, a file number for that office must be assigned to the file for the proceeding as provided in this Rule.


Fax filing

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

 

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


Cover page

            (3)  A document delivered by fax must include a cover page indicating all of the following:

 

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

 

                   (b)    the date and time it is sent;

 

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

 

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

 

                   (e)    the fax number from which the document is transmitted;

 

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

 

                   (g)    an undertaking to immediately pay a fee that must be paid for filing a document.


When fax filing complete

            (4)  Subject to subrule (5), filing is deemed complete at the time the fax is received by the court and the filed faxed document has the same force and effect as the original.

 

            (5)  A faxed document is deemed to be received on weekdays, excluding holidays, between 9:00 a.m. and 4:00 p.m. and all of the following must occur for the filing to be deemed complete:

 

                   (a)    within 5 days after the date the court receives the faxed document, the person filing the document must deliver the original signed document to the court together with a [the] prescribed filing and transmission fees;

 

                   (b)    the original document must have clearly marked on the first page “sent by fax”, along with the date and time of the transmission and the number of pages.


Failure to comply

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

 

                   (a)    an order striking pleadings or parts of pleadings;

 

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

 

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

 

                   (d)    dismissing the proceeding or any part of the proceeding.


Certified document by fax

            (7)  Any certified document sent by the court by fax in accordance with subrule (3) is deemed to be a certified original document, despite that the seal of the court is not impressed on the document, and the faxed document may be further certified at the local office of the court by its proper officer.


Electronic filing

            (8)  Unless the court otherwise directs, Rule 82.12 of the Civil Procedure Rules applies with respect to electronic filing.


Starting a proceeding

6.05     (1)  A person who wishes to start a proceeding must file all of the following:

 

                   (a)    a notice of application in Form 6.02A or a notice of variation application in Form 6.02B, which must be dated and signed;

 

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

 

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

 

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

 

                   (a)    a referral to an agency or service;

 

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

 

                   (c)    an appearance before a judge.


Respondent may apply

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

 

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

 

            (6)  A respondent must file a response to application at least 15 days before the day of the first court hearing, unless a court officer or judge directs otherwise.

 

            (7)  The response to application must be dated, signed and in Form 6.02C.


Respondent may apply to vary

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

 

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

 

            (10)A respondent must file a response to variation application at least 15 days before the day of the hearing, unless a court officer or judge directs otherwise.

 

            (11)The response to variation application must be dated, signed and in Form 6.02D.


Disclosure by parenting statement and deadline for filing

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

 

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

 

            (3)  The parenting statement must be dated, signed and in Form FC 2A.


Disclosure by statement of contact time and interaction and deadline for filing

            (4)  A party who makes a claim for contact time or interaction with a child must file a statement of contact time and interaction with the notice by which the claim is made.

 

            (5)  A party who responds to, or contests, a claim for contact time or interaction with a child must file a statement of contact time and interaction with the response.

 

            (6)  The statement of contact time and interaction must be dated, signed and in Form FC 2B.


Disclosure by financial statements

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

 

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

 

                   (a)    statement of income (Form FC 3);

 

                   (b)    statement of special or extraordinary expenses (Form FC 4);

 

                   (c)    statement of undue hardship circumstances (Form FC 5);

 

                   (d)    statement of expenses (Form FC 6);

 

                   (e)    statement of property (Form FC 7).

 

            (3)  A statement under this Rule must be signed by the deponent with the jurat completed and signed by the person before whom it is sworn or affirmed.


Waiver if conditions met

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

 

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

 

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

 

                   (c)    the parties sign and file a waiver of financial statements in Form FC 8.


Disclosure of financial information for child support and other claims

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




Claim

Statement

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

by the party claiming – none

by the party claimed against – a statement of income

special or extraordinary expenses under the Guidelines

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

by both parties – a statement of income

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

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

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

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

if child support is also for a child who is 19 years of age or older

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

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

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


and


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


and


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


and


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

 

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


Claim

Statement

spousal support

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


and


by both parties – a statement of income, a statement of expenses and a statement of property by the party’s spouse

variation of an order for spousal support

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


and


by both parties – a statement of income and a statement of expenses by the party’s spouse


Disclosure by affidavit

6.09      All parties in an application must file an affidavit under Rule 18 as directed by a judge or family court officer.

 

Deadlines for filing financial statements

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

 

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

 

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

 

                              (i)     no more than 15 days after delivery in Nova Scotia,

 

                              (ii)    no more than 30 days after delivery elsewhere in Canada,

 

                              (iii)   no more than 45 days after delivery outside Canada;

 

                     (c)    a party who claims that child support should be increased or decreased from the table amount under the Guidelines on the basis that the table amount would cause undue hardship to a party or a child, must file the required statements and documents when the party files a notice in which the claim is made or, if there is no such notice, no more than 15 days after the day the other party delivers a required statement;

 

                     (d)    a party responding to an undue hardship claim who files calculations and comparison of the household standards of living, in accordance with Schedule II of the Guidelines, must file them no more than 15 days after the day the calculations and comparison of the party claiming undue hardship are delivered.

 

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

 

Direction to disclose

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

 

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

 

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

 

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

 

             (3)  The direction to disclose must be in Form 6.11, unless otherwise authorized by a judge.

 

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

 

Order to appear and disclose

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

 

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

 

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

 

                     (c)    produce a document.

 

             (2)  The order for a party to appear and disclose must be in Form 6.12A, unless otherwise authorized by a judge.

 

Order to disclose

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

 

                     (a)    file a required statement or document;

 

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

 

                     (c)    otherwise, provide relevant information.

 

             (4)  The order to disclose must be in Form 6.12B, unless otherwise authorized by a judge.

 

Failure to comply

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

 

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

 

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

 

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

 

             (6)  In addition to the remedies in Rule 6.11(2) and Rule 6.12(5), a judge who is satisfied that a party fails to comply with a direction to disclose, an order to appear and disclose or an order to disclose may do any of the following:

 

                     (a)    make an order for costs against the party so as to fully or substantially indemnify the other party;

 

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

 

                     (c)    start contempt proceedings;

 

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

 

Order for disclosure by non-party

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

 

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

 

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

 

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

 

             (2)  The order for disclosure by a non-party must be in Form 6.13, unless otherwise authorized by a judge.

 

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

 

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

 

                     (b)    an order that a person who is the spouse of a party file a statement of income, statement of expenses and statement of property or any one of these statements, or disclose information or produce documents required by these statements.

 

Ex parte motion

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

 

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

 

Application for disclosure by a person who is not a party

             (6)  A party may apply for disclosure by a person who is not a party and the affidavit in support of the application must contain all of the following:

 

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

 

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

 

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

 

                     (d)    a description of the information sought.

 

             (7)  A family court officer must arrange, or direct one of the parties to arrange, to personally serve a non-party with an order for disclosure by non-party, or refer the matter to a judge for direction as to service of a non-party with an order for disclosure by non-party.

 

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

 

Court-based ADR

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

 

                     (a)    identify the issues involved;

 

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

 

                     (c)    clarify the respective positions of the parties;

 

                     (d)    facilitate negotiations between the parties;

 

                     (e)    assist the parties to reach a resolution;

 

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

 

Court-based ADR meeting and directions

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

 

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

 

             (3)  A direction to appear must be dated, signed and in Form 6.15.

 

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

 

Conduct of court-based ADR

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

 

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

 

                     (b)    adjourn a court-based ADR meeting;

 

                     (c)    refer the parties to mediation;

 

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

 

                     (e)    prepare a draft consent order;

 

                     (f)     prepare a court-based ADR record;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Consent order in court-based ADR

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

 

             (2)  A draft consent order signed by the parties must be referred to a judge for approval no less than 10 days after the day the draft order is filed, unless a party files a letter of objection in that time.

 

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

 

Interim order for child support

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

 

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

 

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

 

             (2)  The interim order made by a family court officer in accordance with this Rule must be in Form FCO 1, unless otherwise authorized by a judge.

 

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

6.19      (1)  A party who fails to appear or disclose by mistake, because of insufficient notice or for other good reason, may make an application to a family court officer to set aside or vary an order made under Rule 6.11, 6.12, 6.16 or 6.18, no more than 10 days after the day the order is delivered to the party.

 

             (2)  A person affected by an order of a family court officer made under Rule 6.13 may make an application to the family court officer who made the order, to set aside or vary the order, no more than 10 days after the day the order is delivered to the person.

 

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

 

             (4)  If an application made under subrule (1) or (2) is dismissed by a family court officer, the family court officer must, at the request of a party, refer a proposed order to a judge, who may make any order that is just or refer it back to the family court officer with directions.

 

Court-based ADR record

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

 

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

 

             (3)  The court-based ADR record must be dated and signed by the family court officer and must be in Form 6.20.

 

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

 

             (5)  A party may object to any part of a court-based ADR record by filing a letter summarizing the objection no more than 2 days after the day the record is delivered to the party.

 

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

 

Referral to court

6.21      (1)  A family court officer must issue a notice to appear in court in Form 6.21 when the following conditions have been established:

 

                     (a)    the proceeding is not withdrawn or discontinued;

 

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

 

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

 

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

 

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

 

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

 

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

 

             (3)  A family court officer may arrange, or direct one of the parties to arrange, to personally serve a notice to appear in court upon the parties to the matter.

 

Arrange pre-hearing conference

6.22      A family court officer may arrange a pre-hearing conference with a judge to proceed as provided in Rule 10.

 

Arrange settlement conference

6.23      A family court officer may arrange a settlement conference with a judge to proceed as provided in Rule 11.

 

Parent information program

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

 

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

 

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

 

                     (b)    the party is exempted from attending under subrule (5);

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

                     (c)    the parties attended the parent information program under this Rule no more than 12 months before the day the application is filed;

 

                     (d)    other exceptional circumstances.

 

Failure to attend

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

 

                     (a)    costs;

 

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

 

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

 

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

Rule 6 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 7: Notice and Place of Proceeding

 

Place of proceeding

7.01      (1)  An application or application to vary must be commenced in the county in which both parties reside.

 

             (2)  If both parties do not reside in the same county, an application must be commenced where

 

                     (a)    a child who is subject to the application resides; or

 

                     (b)    the applicant resides, if there is no child who is the subject of the application, unless otherwise directed by the court.

 

             (3)  On the application of a party or on a judge’s own motion, a proceeding may be transferred to another court in another district.

 

Notice

7.02      An application may proceed only after a minimum notice period of 5 days is given, unless a judge or family court officer otherwise directs.

 

Service

7.03      (1)  Unless a judge or family court officer otherwise directs, or if these Rules or an enactment otherwise provides, the following documents must be personally served on each respondent:

 

                     (a)    an application;

 

                     (b)    any other documents that the court may require to be personally served.

 

             (2)  Service of a true copy of a document constitutes service of the original document, but if the person being served requests it, the person must be shown the original document or a copy of the document certified by the family court officer as being a concurrent or true copy.

 

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

 

             (4)  Service on any person of a document that is not required by these Rules to be served personally may be served in any of the following ways:

 

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

 

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

 

                     (c)    in any other manner that the court may order.

 

Substituted service

7.04      (1)  If 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 person likely to bring the matter to the attention of the person to be served;

 

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

 

                     (c)    a mail service requiring written acknowledgment of receipt by the intended recipient forwarded to the last known address of the person to be served; or

 

                     (d)    if the 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.

 

             (3)  If a party upon whom service is required resides out of Province or the party’s physical address cannot be determined, service may be effected by regular or electronic mail at a last known address or by any other method that the court directs.

 

             (4)  If an application is to be served on a person outside Canada or the United States of America, service of the application on the person is only permissible with the leave of the court.

 

Affidavit of service

7.05      (1)  The service of any document may be proved by an affidavit which must state all of the following information:

 

                     (a)    by whom the document was served;

 

                     (b)    the day of the week;

 

                     (c)    the time of day;

 

                     (d)    the date on which it was served;

 

                     (e)    where it was served;

 

                     (f)     how it was served.

 

             (2)  If the document is served by mail, service may be proved by affidavit that 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.

 

Ex parte applications and motions

7.06      (1)  A notice of an ex parte application or motion must provide details of the nature of the claim being made and have attached a true copy of any affidavit to be used in support of the application.

 

             (2)  An application or motion may be made ex parte if

 

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

 

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

 

                     (c)    the applicant is the only party;

 

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

 

                     (e)    the judge is satisfied that the delay caused by giving notice would or is likely to cause serious harm, or that notice is not necessary.

 

             (3)  A notice of application or motion and any supporting affidavit must be filed with the family court officer before the hearing.

 

             (4)  The court may, on any terms that it thinks just, order any of the following:

 

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

 

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

 

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

Rule 7 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 8: Amendment

 

By the court

8.01      (1)  The court may grant or confirm an amendment to a document at any time, in any manner and on any terms that it thinks just.

 

             (2)  If an amendment would make a document difficult or inconvenient to read, or alter the substance of the document, a new document, as amended, and bearing the date of the original document, must be filed and served on all the parties.

 

             (3)  Clerical mistakes in judgment[s] or orders, or errors resulting from any accidental mistake or omission, or an amendment to provide for any matter that should have been but was not adjudicated upon, may at any time be corrected or granted by the court without appeal.

Rule 8 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 9: Motions

 

Interlocutory step

9.01      A motion is an interlocutory step in a proceeding.

 

Civil Procedure Rules apply

9.02      Unless a judge otherwise directs or permits, or as the context requires, Civil Procedure Rules 22, 23, 24, 27 and 28 apply to motions.

Rule 9 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 10: Pre-Hearing Conferences

 

Pre-hearing conference

10.01    (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 pre-hearing conference to consider

 

                     (a)    simplifying and clarifying 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 documents that will avoid unnecessary proof;

 

                     (d)    limiting the number of expert witnesses;

 

                     (e)    settlement of 1 or more issues;

 

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

 

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

 

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

 

Judge may give directions

(2)        A judge who conducts a pre-hearing conference may give directions for the conduct of a proceeding, provide case management or make any of the following orders:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

             (3)  Following the pre-hearing conference, the judge may make an order reciting the results and giving any directions that the judge deems advisable and, once entered, the order controls the subsequent course of the proceeding, unless or until modified at another conference or a hearing to prevent injustice.

 

Failure to appear

             (4)  A judge who conducts a pre-hearing conference may do any of the following if a party fails to appear:

 

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

 

                     (b)    order costs against the party;

 

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

 

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

 

                     (e)    start contempt proceedings against the party.

 

Family court officer may recommend

             (5)  A family court officer who conducts a pre-hearing conference under a designation by the Associate Chief Judge of the Family Court may recommend to a judge that the judge do anything provided in subrule (4).

Rule 10 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 11: Settlement Conferences

 

Settlement conference procedure

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

 

             (2)  A judge who conducts a settlement conference may do any of the following:

 

                     (a)    direct that a summary of facts, issues and proposals be filed by each party and exchanged before a settlement conference;

 

                     (b)    give further directions about the conduct of the settlement conference.

 

             (3)  A family court officer may request that the judge provide directions on filing requirements and communicate the judge’s directions to the parties before the settlement conference.

 

Failure to comply with directions or appearance

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

 

                     (a)    any directions provided under this Rule;

 

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

 

             (5)  Following the settlement conference, the judge may make an order reciting the results and giving any directions that the judge deems advisable and, once entered, the order controls the subsequent course of the proceeding, unless or until modified at another conference or a hearing to prevent injustice.

 

Judge may recuse

             (6)  A judge who conducts at a settlement conference may recuse himself or herself from subsequent hearings.

Rule 11 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 12: Paternity Testing

 

By consent

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

 

             (2)  An order for paternity testing made by a family court officer in accordance with this Rule must be in Form FCO 2, unless otherwise authorized by a judge.

 

By judge’s order

12.02    A judge may make an order for paternity testing in a proceeding in which the paternity of a child is in issue, including a blood test, genetic test or other test as is considered appropriate by the court under subsection 27(1) of the Parenting and Support Act, and a genetic test under Section 11B of the Vital Statistics Act.

Rule 12 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 13: Admissions and Expert Witnesses

 

Voluntary admissions

13.01    (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 any terms that are just.

 

Expert witnesses

13.02    (1)  If the court requests the filing of a report under an enactment over which the court has jurisdiction, any party may, on giving reasonable notice to the other parties, call 1 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)  A written report of an expert witness not requested by the court is admissible only when either of the following occur:

 

                     (a)    the report has been provided to the other parties at least 5 days before the start of the hearing; or

 

                     (b)    the evidence is approved by the judge to be admitted on any terms that the judge deems just.

 

Report

13.03    (1)  A letter or report filed under subrule 13.02(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 provided to the parties at least 5 days before the hearing.

 

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

Rule 13 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 14: Hearing Procedures

 

Failure to attend

14.01    (1)  When a proceeding is called for hearing and any party fails to appear, the judge may do any of the following:

 

                     (a)    proceed with the hearing, or any issue of the hearing, 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 the response, if any;

 

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

 

                     (d)    make any other order that is just, including a warrant in the first instance if a party appears to be avoiding service or is failing to respond to an application or response that the court believes the party knows to exist.

 

             (2)  A warrant made under clause (1)(d) must be in Form 14.01, unless otherwise authorized by a judge.

 

             (3)  At the time of making the warrant, a judge may order the release of the party on the condition that the party promises to attend the hearing when it resumes and on any other conditions, such as posting security or providing a surety, as the judge considers necessary.

 

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

 

Adjournment

14.02    If a hearing cannot be conveniently heard or completed at a sitting, the judge may adjourn the hearing to another sitting.

 

Exclusion of witnesses, etc.

14.03    A judge, during a hearing, may do any of the following:

 

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

 

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

 

Child testimony

14.04    (1)  Unless a child is a party to a proceeding or a judge permits, a child who is under the age of majority may not file an affidavit and may not testify at a hearing, and a family court officer may refuse to accept an affidavit for filing and may not issue a subpoena that requires a child to appear at a hearing.

 

             (2)  A judge who permits a child to be a witness may give directions for the presentation of the evidence, such as directions limiting the duration of the testimony and the types of questions that may be asked and the manner in which the child is permitted to testify.

 

             (3)  A judge may, on application of a party or on the judge’s own motion, order a voice of the child assessment under Section 19 of the Parenting and Support Act on any terms and conditions that the court considers appropriate.

 

             (4)  A child’s participation in a voice of the child assessment will be voluntary and may be explained to the child by the family court officer, a judge or the author of the report.

 

Copies of document for other party

14.05    A party is 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

14.06    If by accident, mistake or other cause a party fails to prove any material fact or document, the judge may proceed with the hearing subject to the fact or document being subsequently proved in a manner and at a time and place that the court directs, subject to any terms that may be just.

 

Order for documents

14.07    (1)  The court may, at any time, do any of the following:

 

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

 

             (2)  If 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.

 

Translation

14.08    The court may appoint a translator, fix reasonable compensation and order the compensation to be paid out of funds provided by law for that purpose, or by 1 or more of the parties as costs.

 

Subpoena

14.09    (1)  A family court officer who is a justice of the peace may, in the family court officer’s 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 in the subpoena and, if required, to produce certain documents at the hearing.

 

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

 

             (3)  The subpoena must be in Form 14.09.

 

Service of subpoena

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

 

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

 

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

 

Duration of subpoena

14.11    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

14.12    A party who desires to call an opposing party as a witness at a hearing must serve the party, or the party’s counsel, at least 2 days before the date of the hearing with a subpoena and if the opposing party does not attend the hearing, the judge may pronounce judgment against the party or postpone the hearing upon any terms that the judge thinks just.

 

Failure to obey subpoena

14.13    (1)  If a witness fails to obey a subpoena, the judge may issue a warrant or make an order as provided in Rule 14.01, or start contempt proceedings.

 

             (2)  Without starting contempt proceedings, the judge may order the witness to indemnify a party for the expenses resulting from an adjournment caused by the witness’s failure to attend.

 

Contempt proceedings

14.14    A judge may start a contempt proceeding, grant bail or remand a party or witness, as provided in Rule 89 of the Civil Procedure Rules, unless the court otherwise directs.

Rule 14 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 15: Telephone and Video Conference

 

Hearing by attendance in courtroom

15.01    (1)  A judge may appoint a time, date and place for parties to attend before the judge in a courtroom for the hearing of an application.

 

             (2)  A party may attend the hearing in person, personally by counsel or, in the case of a corporation, personally by agent.

 

             (3)  A judge may permit a party, counsel or a corporation’s agent to attend the hearing by video conference or by telephone, if the judge is satisfied on all of the following:

 

                     (a)    it is impractical or unfair to require personal attendance and personal attendance is not essential to the conduct of the hearing;

 

                     (b)    attendance by telephone or video conference will save significant expense;

 

                     (c)    the courtroom has been equipped with a telephone or an audiovisual system of sufficient quality that the person is as good as physically present in the courtroom.

Rule 15 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 16: Affidavits

 

Affidavit

16.01    (1)  An affidavit used in a proceeding must be

 

                     (a)    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 must state that fact;

 

                     (b)    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;

 

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

 

Contents of affidavit

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

 

             (2)  Unless the court otherwise orders, an affidavit used on a hearing must contain only those facts that the deponent is able to prove from the deponent’s own knowledge.

 

Exhibits

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

 

Scandalous, etc., matter in affidavit

16.04    A judge may strike all or part of an affidavit that is scandalous, vexatious, irrelevant or otherwise contains inadmissible evidence.

 

16.05    If an affidavit is to be filed in a proceeding, the deponent must be available for cross-examination at the time of hearing.

Rule 16 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 17: Counsel

 

Counsel of record

17.01    (1)  A lawyer becomes counsel of record for a person by signing and filing 1 of the following:

 

                     (a)    the notice by which the party starts, defends, contests or responds to a proceeding, or seeks to become a party;

 

                     (b)    a notice of new counsel;

 

                     (c)    a court document after a party who had been acting on their own retains the counsel.

 

             (2)  Counsel may authorize another lawyer entitled to represent parties before the court to substitute for counsel.

 

             (3)  One counsel may start a proceeding on behalf of more than 1 person.

 

Ceasing to be counsel of record

17.02    A lawyer ceases to be counsel of record when 1 of the following events occurs:

 

                     (a)    the proceeding concludes;

 

                     (b)    the lawyer is discharged and new counsel files a notice of new counsel under Rule 17.05;

 

                     (c)    the lawyer is discharged, the party files a notice of intention to act on one’s own under Rule 18.01, and no trial or hearing is scheduled;

 

                     (d)    the lawyer is discharged, no notice of new counsel is filed, and a judge removes the lawyer as counsel of record on application of the lawyer;

 

                     (e)    the lawyer finds it necessary to withdraw from being counsel, and a judge removes the lawyer on application of the lawyer.

 

Counsel for a non-party

17.03    Counsel who represents a person who is not a party but is entitled, or is seeking to become entitled, to be heard in a proceeding must notify the parties and the court of the representation as soon as is possible.

 

Discharge of counsel

17.04    (1)  A party who discharges counsel and retains new counsel must, through the new counsel, immediately file a notice of new counsel under Rule 17.05.

 

             (2)  A party who discharges counsel and acts on their own must file a notice of intention to act on one’s own under Rule 18.01.

 

             (3)  The designated address for delivery of documents to a party does not change until the notice of new counsel, or the notice of intention to act on one’s own, is filed.

 

Change of counsel

17.05    (1)  Counsel replacing the counsel of record, or taking over for a party who was acting on their own, must file a notice of new counsel immediately.

 

             (2)  The new counsel must also provide the family court officer with information for communicating with the new counsel, such as a telephone number, fax number and e-mail address.

 

             (3)  The notice of new counsel must be in Form 17.05.

 

             (4)  New counsel must deliver a copy of the notice to the former counsel, and to each party entitled to notice in the proceeding.

 

Party acting on own after discharging counsel

17.06    A party who discharges counsel and wishes to act on their own must file a notice of intention to act on one’s own, provide all required information and deliver a copy as provided under Rule 18: Acting on One’s Own.

 

Information provided by family court officer

17.07    The family court officer must, before accepting for filing a notice of intention to act on one’s own, provide the information required to be provided by the family court officer under Rule 18: Acting on One’s Own.

 

Counsel for limited purpose

17.08    (1)  A judge may permit a lawyer to act as counsel for a limited purpose on behalf of a party who otherwise acts on their own.

 

             (2)  A judge may require a party who acts on their own to retain counsel for a limited purpose, such as for discovery or cross-examination of a witness who may suffer serious emotional harm if required to communicate directly with the party.

 

Duty of discharged counsel

17.09    (1)  A lawyer who is discharged by a party the lawyer represented as counsel must complete all tasks the lawyer undertook to perform for the court, or was directed to perform for the court, such as to draft and submit a form of order.

 

             (2)  A lawyer who is discharged after a time and date have been appointed for the hearing of an application, proceeding for judicial review, appeal or motion must personally appear before the judge assigned to preside at the trial or hearing to be removed as counsel of record, unless a notice of new counsel is filed or the judge permits otherwise.

 

             (3)  If a judge has not been assigned, or the assigned judge is unavailable, the lawyer may appear before any judge.

 

Withdrawal of counsel

17.10    (1)  Counsel who finds it necessary to withdraw must make a motion to be removed as counsel of record.

 

             (2)  Counsel who makes a motion for an order to be removed as counsel of record must deliver the notice of motion to the party counsel represents or represented, unless a judge orders otherwise.

 

New designated address for delivery

17.11    A lawyer who is discharged as counsel or withdraws, and whose address is the address designated for delivery to the party the lawyer represented, may make a motion for an order designating a new address for delivery.

Rule 17 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 18: Acting on One’s Own

 

Party acting on own

18.01    (1)  A party may act on their own, in accordance with this Rule.

 

             (2)  A party who wishes to act on their own must attend the office of the family court officer to file a notice of intention to act on one’s own, or the family court officer may make arrangements for the notice to be filed.

 

             (3)  The notice of intention to act on one’s own must be in Form 18.01.

 

             (4)  The party must also provide the family court officer with information for communicating with the party, such as a telephone number, fax number and e-mail address as the family court officer directs.

 

             (5)  The party must immediately deliver a copy of the notice to the former counsel, and to each party entitled to notice in the proceeding.

 

Information for party acting on their own

18.02    (1)  The family court officer must inform a party acting on their own of how the party, or a person assisting the party, can find these Rules, and instruct the party on all of the following:

 

                     (a)    these Rules apply to the party and the proceeding;

 

                     (b)    the party must make best efforts to understand these Rules and to comply with them;

 

                     (c)    it is improper to communicate with a judge outside a trial or hearing, unless the family court officer or a member of the judge’s office gives permission and every effort is made to include all parties in the communication;

 

                     (d)    subject to Rule 18.03 the party must communicate with a represented party regarding the proceedings only through that party’s counsel, unless counsel gives written permission to contact the party directly;

 

                     (e)    each party must maintain the designated address so that everything delivered there is received by the party, and the party will be taken to have received the document even if the party fails to get it.

 

             (2)  The family court officer may refuse to file a document from a party acting on their own until the party has received the required instructions.

 

             (3)  The family court officer must file a statement that the required instructions were provided to the party acting on their own.

 

Further information

18.03    The family court officer may provide information to a party acting on their own about the Rules and practices of the court.

 

Party requiring counsel

18.04    Individuals represented by a litigation guardian must be represented by counsel, unless a judge allows otherwise.

 

Assistant

18.05    (1)  A judge may permit a person to assist, and if necessary speak on behalf of, an individual party at a trial or hearing.

 

             (2)  A party on behalf of whom an assistant is permitted to speak must be present when the assistant speaks, unless a judge allows otherwise.

 

Restrictions on agent or assistant

18.06    (1)  A person may not speak for a party at a trial or hearing unless the person is within subsection 16(2) of the Legal Profession Act, is the appointed agent of a corporate party or has the permission of a judge to speak on behalf of a party.

 

             (2)  The presiding judge may withdraw permission for a person to assist, or speak for, an individual party.

 

Communicate with counsel

18.07    (1)  Counsel may direct a party acting on their own to communicate only through counsel, and not directly with the party counsel represents.

 

             (2)  Counsel’s direction may be absolute or limited to subjects or circumstances.

 

             (3)  A party who is directed by counsel about communicating with the party represented by counsel must comply with the direction.

 

Communication with the court

18.08    (1)  All communication regard[ing] a proceeding must be through a family court officer and must not be directly addressed to a judge.

 

             (2)  A person may only communicate directly with a judge about a proceeding if the judge expressly permits the communication.

Rule 18 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 19: Withdrawal

 

Notice of withdrawing

19.01    (1)  At any time after a proceeding is begun provided that no order has been made in the proceeding:

 

                     (a)    an applicant may withdraw the application in the proceeding, or withdraw any portion of relief sought in an application, against any respondent; and

 

                     (b)    a respondent may withdraw the response or any portion of relief sought in the response against any applicant.

 

             (2)  A party who seeks to withdraw from a proceeding, or an application, response or any portion of relief sought, must file and serve a notice of withdrawing in Form 19.01.

 

Order for costs, continuation or subsequent proceeding

19.02    Upon the filing of a notice of withdrawing, the court may grant an order containing any terms as to costs, the continuation of the proceeding or bringing of any subsequent proceeding, or otherwise, that are just and within the jurisdiction of the court.

 

Effect of withdrawal

19.03    The discontinuance of a proceeding or withdrawal of an application or response does not bar a person from making a subsequent application for the same relief, or substantially the same relief, unless otherwise ordered by the court.

Rule 19 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 20: Orders

 

Effective date

20.01    A decision of the court is effective on the date made, unless otherwise provided.

 

Requiring an act to be done

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

 

Preparation of an order

20.03    An order must 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 10 days after the date that the judgment, decision or direction is given, any other party may draw up, settle and enter the order.

 

Finalizing operative terms of order

20.04    (1)  A judge who decides to grant a draft order filed by a party may approve the draft and cause the order to be issued.

 

             (2)  In the absence of directions to the contrary by a judge, all of the following procedures apply to drafting and settling an order:

 

                     (a)    the successful party must prepare a draft order with a place for each party to consent to the form of the order and submit the draft to each other party no more than 10 days after the day the judge’s decision is communicated;

 

                     (b)    the party to whom a draft order is submitted must, no more than 5 days after the day the draft is delivered, either object to the draft by delivering to the other party a concise statement of the objection and an alternate draft order, or sign in the place provided for consent to form;

 

                     (c)    a party who fails to object to, or sign, the draft order in the required time is taken to consent to the form;

 

                     (d)    the applicant must deliver a draft order consented to form, or a draft order with a copy of the statement of an unresolved objection, to the judge no more than 20 days after the day the judge’s decision is communicated;

 

                     (e)    the judge may settle the terms of the order or direct that a dispute be resolved by attendance of the parties and/or counsel before the court or by correspondence as the judge directs;

 

                     (f)     the judge who resolves a dispute about the form of order may direct that a final draft be delivered to the judge without consent.

 

             (3)  A judge who presides at a settlement conference at which the parties reach agreement may direct a party to prepare an order that conforms with the agreement.

 

             (4)  A judge, other than the judge who makes the decision, may settle the form of an order and approve a draft order, if the judge who makes the decision is unable to approve the order or gives permission for another judge to do so.

 

Issue of order

20.05    (1)  An order must contain all of the following information:

 

                     (a)    the title of the proceeding;

 

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

 

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

 

                     (d)    the operative parts of the order divided into convenient paragraphs;

 

                     (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 the order;

 

                     (g)    the signature of the family court officer by whom it is issued.

 

             (2)  The contents of an order are prescribed by these Rules and may be in Form FCO 3 with any variation that a judge requires or the circumstances require.

 

Certification of order

20.06    Subject to subrule 6.03(7) an order must 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 20 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 21: Costs

 

Award and collection

21.01    (1)  The amount of costs is awarded at the discretion of the judge.

 

             (2)  Costs may be collected in accordance with the procedure provided for collection of support or in any other manner that the court directs.

 

             (3)  Costs, at the discretion of the court, may be payable to the court, the party, the party’s counsel or any other person that the court directs.

 

             (4)  Costs, at the discretion of the judge, may be payable to the court, the party, the party’s counsel or any other person that the judge directs.

 

Judgement including costs

21.02    A judgment entered under Section 39 of the Parenting and Support Act may be for costs and for a sum not exceeding the amount outstanding on the support order as of the date of entry of judgment.

Rule 21 added: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 22: Execution and Garnishee Orders

 

Civil Procedure Rules apply

22.01    Subject to Rule 22.02, the Civil Procedure Rules respecting execution orders apply to the Family Court.

 

Garnishee order

22.02    (1)  In the absence of arrears of support, an order for execution in the nature of garnishee, referred to in this Rule as a “garnishee order”, must be made inter parties.

 

             (2)  A garnishee order may be made ex parte for arrears of no more than 12 months upon application by a creditor or family court officer under a support order accompanied by an affidavit proving all of the following:

 

                     (a)    the existence of the order for support;

 

                     (b)    history and amount of arrears;

 

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

 

             (3)  Unless otherwise ordered by the court, if there are arrears of support, wages must be garnished monthly in an amount equal to 125% of the support order, calculated monthly, until further order of the court.

 

             (4)  Unless the court otherwise directs, a garnishee order must be in Form 22.02.

 

Wages garnished

             (5)  Wages garnished must be remitted to the court.

 

             (6)  Wages garnished and received by the court or the Sheriff must be applied first to ongoing support and secondly to arrears, if any.

 

Amended garnishee order

             (7)  If a garnishee order is in existence, the court must, upon the granting of an order varying the support order upon which the garnishee order is based, issue an amended garnishee order for the current amount of the support order.

 

Employer to answer

             (8)  An employer upon whom a garnishee order is served must immediately answer any interrogatory sent to the employer by the family court officer.

Rule 22 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 23: Transfer and Consolidation of a Proceeding
and Exercise of Jurisdiction by Another Judge

 

Transfer of a proceeding

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

 

Consolidation

23.02    If 2 or more proceedings are pending in the court, the court may order the proceedings to be consolidated on any terms that 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

23.03    (1)  If 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 subrule (1) may make an order or render a judgment in a proceeding on the evidence already adduced or may rehear evidence.

Rule 23 replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 

 

Rule 24: Proceedings under the Children and Family Services Act

 

Interpretation

24.01    (1)  This Rule applies to proceedings under the Children and Family Services Act commenced on or after March 1, 2017.

 

             (2)  In this Rule,

 

“Act” means the Children and Family Services Act;

 

“agency” means an agency as defined in the Act;

 

“Minister” means the Minister as defined in the Act;

 

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

 

“representative” means a representative as defined in the Act;

 

“Rules” means the Family Court Rules;

 

“secure-treatment applicant” means the Minister or an agency acting with the consent of the Minister;

 

“secure-treatment application” means

 

                              (i)     an application under Section 56 of the Act for a secure-treatment order or renewal of a secure-treatment order, or

 

                              (ii)    an application under Section 57 of the Act for review of a secure-treatment order;

 

“secure-treatment court” means the Family Court located in Truro, Nova Scotia, or another court facility designated by the Associate Chief Judge of the Family Court of Nova Scotia;

 

“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

24.02    If no form is otherwise prescribed by this Rule for an application or an order, an application may be in Form 24.02A and an order may be in Form 24.02B.

 

Ex parte applications

24.03    (1)  An application for an order under Section 26, 29 or 34 of the Act must be made in Form 24.03A, 24.03B, 24.03C or 24.03D, specifying the order sought.

 

             (2)  If a parent or guardian brings an application under Section 29, the judge may direct that any affidavit filed in support of the application, the order and any other relevant information be provided to an agency.

 

Taking into care

24.04    If a child is taken into care, an representative must immediately serve a notice of taking into care in Form 24.04A personally on the parent or guardian if known and available to be served.

 

Commencement of proceedings

24.05    (1)  A protection proceeding is commenced by the agency filing a protection application in Form 24.05A, supported by an affidavit setting out the reasonable and probable grounds relied on by the agency for a finding that the child is in need of protective services and the contents of the interim order requested.

 

             (2)  If a child is taken into care before a protection application is filed, the agency must, as soon as practicable, file a protection application as required by subrule (1).

 

Place of hearing

24.06    (1)  A protection application must 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)  On application by a party or on 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 must 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

24.07    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

24.08    (1)  Service of a protection application and supporting affidavit must be effected by personal service at least 2 days before the interim hearing, unless service is waived, before or at the interim hearing, by the party or the court.

 

             (2)  If an agency is unable to serve a party in accordance with subrule (1), despite reasonable efforts to do so within the time available, the court must proceed with the hearing required by [sub]sections 39(1) and (2) of the Act, and may make any further directions respecting service, including substituted service, that are just and necessary in the circumstances.

 

             (3)  For the purposes of the hearing required by [sub]sections 39(1) and (2) of the Act, the 5-day time limit of subrule 10.02(3) does not apply and a letter or report under subrule 10.03(1) may be admitted without compliance with the 5-day notice requirement or subrule 10.03(2).

 

             (4)  At the commencement of an interim hearing, the court must first satisfy itself that the agency has met its obligations of disclosure under subsection 38(1) of the Act and, if that obligation has not been satisfied, the court must, during any period of adjournment of the interim hearing, make any orders that are necessary to effect the disclosure in accordance with Rule 24.09.

 

             (4A)        At the commencement of an interim hearing, the court must first enquire whether the child is or is entitled to be a Mi’kmaw child and, if so, whether the child’s band is known.

 

             (4B)         If the child is or is entitled to be a Mi’kmaw child and the child’s band is known, the court may make any directions respecting service on the band that are just and necessary in the circumstances.

 

             (4C)        Notice to a band may be in Form 24.08A.

 

             (4D)        If a child’s band has been served notice of the proceeding, the band may elect what further notice it wishes to receive by filing Form 24.08B.

 

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

 

             (6)  If an interim hearing is adjourned under subsection 39(3) of the Act, the court must make an interim order under subsection 39(4) of the Act for no longer than is reasonably necessary to complete the interim hearing, subject to the time limits set out in subsection 39(4) of the Act.

 

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

 

             (8)  On the application of any other person, the court may add that person under clause 36(1)(f) of the Act as a party at the interim hearing, only if that person’s presence as a party is necessary to determine the matters in issue.

 

             (9)  On the application of a party, an interim order may be varied or terminated and, if a child has been taken into care by an agency after the commencement of the proceeding, the agency must

 

                     (a)    file the application as soon as practicable; and

 

                     (b)    serve the application on each of the other parties at least 2 days before the hearing, unless service is waived, before or at the hearing, by the party or the court.

 

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

 

Disclosure and discovery

24.09    (1)  No oral examination for discovery under Civil Procedure Rule 18 may take place before the completion of an interim hearing, unless so ordered by the court.

 

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

 

             (3)  After a protection application has been filed, a party may seek discovery under Civil Procedure Rules 19, 20 and 21, but no party need respond until after the hearing required by subsections 39(1) and (2) of the Act and, at that hearing, the court may give directions to effect the discovery before 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 apply.

 

             (5)  If a child is granted party status and representation under Section 37 of the Act, but no guardian ad litem is appointed, on the application of counsel for the child or of any party or on the court’s own motion, if 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

24.10    (1)  If the parties have agreed to the appointment of a mediator under subsection 21(1) of the Act, a party may move for the extension of a time limit under subsection 41(1), 45(1) or 45(2) of the Act in accordance with subsection 21(3) of the Act and the court may grant an extension in Form 24.10A, in the interests of the child and for the consensual resolution of the matters in issue.

 

             (2)  If an order is granted under subrule (1) and mediation has been completed, the mediator must prepare a written report for the court and, on approval of the report by the parties, the report must be filed with the court.

 

Pre-hearing conference

24.10.1 (1)  Before a protection hearing, a pre-hearing conference must be held and must be in accordance with Rule 11.01.

 

             (2)  Before a disposition hearing, a pre-hearing conference must be held and must be in accordance with Rule 11.01.

 

Protection hearing

24.11    (1)  No party may adduce evidence at a protection hearing in accordance with subsection 96(1) or (3) of the Act, unless

 

                     (a)    that party has given notice of the intention to do so no later than the pre-hearing conference held under subrule 24.10.1(1); or

 

                     (b)    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 must conduct the disposition hearing and any subsequent reviews respecting that child, unless Rule 16.03 applies.

 

Disposition hearing

24.12    (1)  If a finding has been made that a child is in need of protective services, the agency must file and serve an application for a disposition order in Form 24.12A, along with any supporting affidavit and an agency plan for the child’s care in Form 24.12B, no later than the pre-hearing conference held under subrule 24.10.1(2).

 

             (2)  A disposition order under subsection 42(1) of the Act must be in Form 24.12C, 24.12D, 24.[12]DA, 24.12E or 24.12F.

 

             (3)  If the court makes an order of dismissal under clause 42(1)(a) of the Act or an order of permanent care and custody under clause 42(1)(f) of the Act, the court must issue a separate order respecting each child who is the subject of the proceeding.

 

             (4)  The court must 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 subrule 24.06.(3).

 

Conferencing

24.12.1 (1)  If an order has been made under clause 40(1)(b) or 41(1)(b) of the Act, the production of documents under Rule 24.09 may still occur.

 

             (2)  An application under Section 40E of the Act may be in Form 24.12.1A.

 

             (3)  An order to terminate conferencing under clause 40E(2)(b) of the Act may be in Form 24.12.1B.

 

             (4)  A party who terminates conferencing under Section 40F of the Act must request a court officer or a judge to appoint a time and date for a pre-hearing conference.

 

             (5)  A notice to terminate conferencing under Section 40F of the Act may be in Form 24.12.1C.

 

             (6)  Within 5 days of the termination of conferencing, the agency must file a notice of the time spent in conferencing.

 

             (7)  A notice of the time spent in conferencing may be in Form 24.12.1D.

 

             (8)  An agreed statement of facts under Section 40G of the Act must provide all of the following and may be endorsed by counsel on behalf of any party:

 

                     (a)    a brief statement of the history of the proceeding;

 

                     (b)    a summary of the assessment, treatments and services provided;

 

                     (c)    an explanation of why a discontinuance would be in the child’s best interests;

 

                     (d)    the details of any agreement reached regarding custody of and access to the child.

 

             (9)  The agreed statement of facts may be in Form 24.12.1E.

 

             (10)A consent order under subsection 40G(3) of the Act may be referred to a judge for approval.

 

Reviews

24.13    (1)  A party applying for a review of a disposition order under Section 46 of the Act must file with the court and serve on the other parties, at least 10 clear days before the commencement of the review hearing, a review application in Form 24.13A, along with any supporting affidavit, and, if the agency seeks a change in placement, access or services, a revised plan for the child’s care in Form 24.12B must be filed with the court by the agency before the hearing.

 

             (2)  If a child who is the subject of a review application has been taken into care by an agency after the making of a supervision order, the agency must, as soon as practicable,

 

                     (a)    file the review application with the court; and

 

                     (b)    at least 2 days before the review hearing, serve the review application on each of the other parties, unless service is waived, before or at the review hearing, by the party or the court.

 

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

 

             (4)  If a review application has been filed and the court has commenced a review hearing before the expiry of the order in question, with the consent of all parties or on 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 subsections 43(4) and 45(1) of the Act.

 

Termination of permanent care and custody orders and variation of access

24.14    (1)  An application to vary or terminate access under an order for permanent care and custody must be filed in Form 24.14A, supported by affidavit, and served on the other parties.

 

             (2)  An application to terminate an order for permanent care and custody must be filed in Form 24.14B, supported by affidavit, and served on the other parties at least 10 clear days before the hearing of the application.

 

             (3)  If a party is required to obtain leave of the court under subsection 48(6) of the Act, before making an application to terminate an order for permanent care and custody, the party must first file an application for leave, supported by affidavit, and, if leave is granted, an application in Form 24.14B must be filed and served as directed by the court.

 

             (4)  An order under subsection 48(8) of the Act, other than clause 48(8)(a), must be in Form 24.14C or Form 24.14D.

 

Consent to treatment

24.16*  (1)  An application by the Minister under Section 61 of the Act must be in Form 24.16A, supported by affidavit and the 2 medical opinions required together with the form of order requested.

 

             (2)  The hearing of the application must take place at any time and location and on any terms respecting parties and notice that the court directs.

[*Numbering as in original.]

 

Child abuse register

24.17    (1)  An application by the Minister or an agency under subsection 63(3) of the Act for a finding of abuse for purposes of entry in the Child Abuse Register must be in Form 24.17A, supported by affidavit.

 

             (2)  The application and affidavit, together with a copy of the notice of objection in Form 24.17B, must be served on 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 under subrule (2) must be named as the respondent.

 

             (4)  If the respondent has been served and no notice of objection has been filed with the court within 30 days of the date of service, the Minister or agency may file a notice of default in Form 24.17C and the court may make a finding of abuse without a hearing and without further notice to the respondent.

 

             (5)  On receipt of a notice of objection, the court must forward a copy of the notice of objection to the applicant Minister or agency.

 

             (6)  If a notice of objection has been filed, Rule 24.09 and subrule 24.11(1), with necessary modification, apply to a proceeding under this Rule.

 

             (7)  If 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 24.17D, to be served on the respondent’s counsel or, if the respondent is not represented by counsel, by registered mail to the address provided on the notice of objection, at least 10 clear days before the date of the hearing.

 

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

 

             (9)  An order of finding of abuse must be in Form 24.17E.

 

             (10)An application under subsection 64(2) of the Act for removal of a person’s name from the Child Abuse Register may be in Form 24.17F, and the court must forward a copy of the application to the Minister at least 30 days before the date of the hearing of the application.

 

             (11)An order for the removal of a person’s name from the Child Abuse Register must be in Form 24.17G.

 

Secure-treatment certificate

24.18    (1)  If a secure-treatment certificate under Section 55 of the Act has been served on a child who is the subject of the proceeding, a copy of the certificate must be filed by the secure-treatment applicant.

 

             (2)  If a secure-treatment certificate under Section 55 of the Act has been issued and no application made under Section 56 of the Act, the secure-treatment applicant must file an affidavit explaining the reasons for the issuance of the certificate at least 2 days before the hearing.

 

Place of hearing

24.19    (1)  A secure-treatment application must be heard in the secure-treatment court.

 

Service on parent or guardian

24.20    (1)  Service of notice of a secure-treatment application under subsection 56(2A) of the Act on a child’s parent or guardian must be by personal service.

 

             (2)  Notice of a secure-treatment application under subsection 56(2A) of the Act to a child’s parent or guardian may be in Form 24.20A.

 

             (3)  If service is not able to be effected in accordance with subrule (1), despite reasonable efforts to do so within the time available, the court must proceed with the hearing required by Section 56 or 57 of the Act, and may make any further directions respecting service, including substituted service, that are just and necessary in the circumstances.

 

             (4)  An application by a parent or guardian of a child who is not in the permanent care and custody of an agency to be added as a party to a secure-treatment proceeding may be in Form 24.20B.

 

Evidence

24.21    (1)  For the purposes of any hearing regarding a secure-treatment application, the 5-day time limit of subrule 10.02(3) does not apply and a letter or report under subrule 10.03(1) may be admitted without compliance with the 5-day notice requirement or with the provisions of subrule 10.03(2).

 

             (2)  On the application of counsel for the child or any party or on the court’s own motion, if 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.

 

Hearing of application for secure-treatment order

24.22    (1)  A secure-treatment proceeding is commenced by the secure-treatment applicant filing a secure-treatment application in Form 24.22A, supported by an affidavit setting out the evidence relied on by the secure-treatment applicant for a determination that

 

                     (a)    the child is suffering from an emotional or behavioural disorder; and

 

                     (b)    it is necessary to confine the child in order to remedy or alleviate the disorder.

 

             (2)  Service of the application for a secure-treatment order and supporting affidavit must be effected by personal service at least 2 days before the hearing, unless service is waived, before or at the hearing, by the child, the legal aid office or the court.

 

Hearing of application for renewal of secure-treatment order

24.23    (1)  An application for renewal of a secure-treatment order is commenced by the secure-treatment applicant filing an application for renewal of the secure-treatment order in Form 24.23A, supported by an affidavit setting out the evidence relied on by the secure-treatment applicant for a determination that

 

                     (a)    the child is suffering from an emotional or behavioural disorder;

 

                     (b)    it is necessary to confine the child in order to remedy or alleviate the disorder; and

 

                     (c)    there is an appropriate plan of treatment for the child.

 

             (2)  The application for renewal of a secure-treatment order and supporting affidavit must be filed at least 4 days before the renewal hearing.

 

Hearing of review of secure-treatment order

24.24    (1)  An application for review of a secure-treatment order is commenced by a party to the secure-treatment proceeding filing an application for review of the secure-treatment order in Form 24.24A, which may be supported by affidavit evidence.

 

             (2)  Service of the application for review of a secure-treatment order and any supporting affidavit must be effected by personal service at least 4 days before the hearing, unless service is waived, before or at the hearing, by the party or the court.

 

Order

24.25    (1)  A secure-treatment order may be in Form 24.25A.

 

             (2)  An order dismissing a secure-treatment application may be in Form 24.25B.

 

             (3)  An order terminating a secure-treatment order may be in Form 24.25C.

Rule 24 added: O.I.C. 2017-142, N.S. Reg. 80/2017.

 ________________________________________________________________ 

 


Forms

 

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

 

Personal Representation Form

 

Designated Address for Delivery of Documents

 

Name:

 

 

Address:

 

 

 

 

 

Postal Code:                  

 

Telephone numbers:

Home:                              

 

Work:                            

 

 

Cell:                                 

 

Other:                            

 

E-mail:

 

 

File number(s):

 

 

I am the

□ Applicant

 

□ Respondent

 

 

Certificate

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

 

 

 

 

Date

 

Signature

 

Change of address

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

 

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

 

 

 

 

Date

 

Signature

 

 

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

 

Personal Representation

 

I acknowledge:

 

Initials

 

_____

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

_____

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

_____

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

_____

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

_____

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

_____

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

Personal Representation Form added: O.I.C. 2014-400, N.S. Reg. 140/2014; replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 ________________________________________________________________ 

Form FC 1: Statement of Contact Information and Circumstances

 

Form FC 1

 

 

20

 

No.

Family Court for the Province of Nova Scotia

Between:

 

 

 

 

Applicant

and

 

 

Respondent

 

 

Statement of Contact Information and Circumstances

 

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

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

 

 


Section A

Information about you.



(APPLICANT)

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


(RESPONDENT)

Name

Last Name:

Last Name:

 

First Name:

First Name:

 

Middle Name:

Middle Name:

 

Other/Previous Names:

Other/Previous Names:

Gender

□ Male        □ Female

□ Male              □ Female

Birth Date

Day Month Year

Day Month Year

Telephone

E-mail

Fax

Home:

Home:

Business:

Business:

Message:

Message:

Other:

Other:

E-mail:

E-mail:

Fax:

Fax:

Address

P.O. Box:

P.O. Box:

 

Apt. No.:

Apt. No.:

 

Street:

Street:

 

City/Town:

City/Town:

 

Province:

Province:

 

Postal Code:

Postal Code:

 

Special directions to accommodate service of documents:


Special directions to accommodate service of documents:


Legal

Counsel

□ Yes   □ No           □ Maybe

□ Yes         □ No           □ Maybe

 

 

If yes:

If yes:

Lawyer’s Name:

Lawyer’s Name:

Firm Name:

Firm Name:

Address:

Address:

 

 

Phone:

Phone:

E-mail:

E-mail:

Fax:

Fax:

Current

Marital

Status

Married

Married

Separated

Separated

Spousal/Common Law Relationship

Spousal/Common Law Relationship

Single

Single

Income

Employment Income (salary/wages)

Employment Income (salary/wages)

 

Commission/Bonuses/Overtime

Commission/Bonuses/Overtime

 

Self-employed

Self-employed

 

Income from a Partnership/Corporation

Income from a Partnership/Corporation

 

Employment Insurance

Employment Insurance

 

Social Assistance/Family Benefits

Social Assistance/Family Benefits

 

Workers’ Compensation

Workers’ Compensation

 

Pension Income

Pension Income

 

Income from a Trust

Income from a Trust

 

Other

Explain:


Other

Explain:

Occupation

Occupation:

Occupation:

 

 

 

 

Employer Information

Employer Information

 

Name:

Name:

 

Address:

Address:

 

Phone Number:

Phone Number:

 

E-mail:

E-mail:

 

Fax:

Fax:

 

□ Other Places of Employment:

□ Other Places of Employment:

 

 

 

 

 

 

 

Section B

Relationship Between Applicant and Respondent

Married

Date of Marriage:

Date of Separation:

Spousal/Common Law

Date Spousal/Common-Law Relationship began:

Date of Separation:

Single

Parent of Applicant’s Child

Other

Explain:

 

Section C

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

Last Name

Given Names

(underline name used)

Date of Birth

Gender

(M/F)

Presently Living With

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section D

Most Recent Court Order or Written Agreement

Most Recent Court Order (if any):

Date Issued:

Court:

File Number:

Most Recent Written Agreement (if any):

Date:

Form FC 1 added: O.I.C. 2014-400, N.S. Reg. 140/2014; replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 ________________________________________________________________ 

Form FC 2 added: O.I.C. 2014-400, N.S. Reg. 140/2014; repealed: O.I.C. 2017-142, N.S. Reg. 81/2017.

 ________________________________________________________________ 

Form FC 2A: Parenting Statement

 

Form FC 2A

 

 

20

 

No.

Family Court for the Province of Nova Scotia

Between:

 

 

 

 

Applicant

and

 

 

Respondent

 

 

Parenting Statement

 

Completed by:                                                                                                                            

[first and last name of person]

 

Completed on:                                                                                                                            

[day/month/year]

 

 

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

 

[The term “child/children” in this document means the child or any of the children who are the subject of the court application.]

 

[If you do not have enough room to give information in any section, please attach extra page(s) and mark with the section number.]

 

Section 1: CHILD’S CURRENT LIVING ARRANGEMENTS

 

Please describe who each child lives with at present:

 

Child’s Last Name

Child’s First and

 Middle Names

Date of Birth

(d/m/y)

Presently Living With

(e.g., mother, father, etc.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2: PARENTING HISTORY

 

My relationship to the child/children:

Parent

Step-parent or guardian

Other:

 

 

 

 

 

Relationship between the parties:

Have not lived together

Lived together from _________________ to _________________

Married:

 

Date of marriage: _________________ Date of separation: _________________

Other [describe circumstances]:

 

 

 

 

 

 

Section 3: CURRENT PARENTING TIME AVAILABILITY

 

I am a stay-at-home parent/guardian.

I work regular days and hours from [day] to [day] and from [hour] to [hour].

I work shift work, and my regular pattern of days and hours is as follows: [describe]

 

 

 

 

 

 

I work part-time, with irregular days and hours as follows: [describe]

 

 

 

 

 

 

I am not working because:

 

I am unemployed.

 

I am on maternity or paternity leave.

 

I am disabled.

 

I am financially supported by: [describe person or circumstances]

 

 

 

 

 

 

 

Other: [describe circumstances]

 

 

 

 

 

 

 

 

Section 4: CHILD CARE REQUIREMENTS

 

I do not require child care.

I do require child care for [names]                                                                                 

 

 

Child care is provided by:

 

a child care facility: [describe]                                                                                       

 

a person: [give name]                                                                                                      

 

an after-school program: [describe]                                                                                

 

other: [describe]                                                                                                              

 

 

My child attends special programming because of special needs or disabilities: [when applicable, name each child and describe]

 

 

 

 

 

 

 

 

PARENTING ARRANGEMENTS PROPOSAL

 

I propose the following parenting arrangements for the child/children of the relationship.

 

Section 5: DECISION-MAKING

 

[Please mark one option with an X to show the arrangement you are proposing and fill in the name.]

 

Sole decision-making responsibility for the child/children:

 

                                                    [name of parent/guardian] will make the parenting decisions.

 

 

Shared decision-making responsibility for the child/children:

 

                                                    [name of parent/guardian] and I will make the parenting decisions together.

 

 

Specific shared decision-making responsibility for the child/children:

 

 

 

I will make decisions about:

 

health care

 

education

 

religion

 

culture

 

extracurricular activities

 

other: [describe]

 

 

 

 

 

 

 

 

 

 

 

 

and [name of parent/guardian] will make decisions about:

 

health care

 

education

 

religion

 

culture

 

extracurricular activities

 

other: [describe]

 

 

 

 

 

 

 

 

 

 

 

 

and together we will make decisions about:

 

health care

 

education

 

religion

 

culture

 

extracurricular activities

 

other: [describe]

 

 

 

 

 

 

 

 

 

 

 

Section 6: LIVING ARRANGEMENTS

[Must choose only one]

 

I propose the following living arrangements for the child/children:

 

The child/children will live with me most of the time.

[Go to Regular Schedule 7A for Parenting Time proposal and complete.]

 

 

The child/children will live with [name of parent/guardian] most of the time.

[Go to Regular Schedule 7A for Parenting Time proposal and complete.]

 

 

The child/children will live with both me and [name of parent/guardian] for an equal or almost equal amount of the time.

[Go to Regular Schedule 7B for Parenting Time proposal and complete.]

 

 

At least one child will live with me and at least one child will live with [name of parent/guardian] most of the time.

[Go to Regular Schedule 7C for Parenting Time proposal and complete.]

 

 

Arrangements with other households: [describe and provide separate schedule]

 

 

 

 

 

 

 

 

Section 7: PARENTING TIME—REGULAR SCHEDULE

[Must choose only one of 7A, 7B or 7C or provide separate schedule]

 

Regular Schedule 7A

 

 

 

 

I propose the following schedule for the child/children: [select one]

 

 

 

The child/children will live with me most of the time and will be cared for by [name of other parent/guardian] for the parenting time that I propose below.

 

The child/children will live with [name of other parent/guardian] most of the time and will be cared for by me for the parenting time that I propose below.

 

 

 

The parenting time I propose is:

 

 

 

Every second weekend beginning [day] at [a.m./p.m.] until [day] at [a.m./p.m.].

 

Every second weekend from the end of the child/children’s school day at [a.m./p.m.] until Monday morning when the child/children are to be returned to school.

 

On the week that the other parent/guardian does not have weekend time, every [day or days] at [a.m./p.m.] until [day] at [a.m./p.m.].

 

On days and times we have agreed upon, based on reasonable requests for reasonable times.

 

At times and places I have agreed upon, or the court orders, with supervision of parenting time. [Use “my” or name of parent/guardian.]

 

At times determined with and supervised through a Supervised Access and Exchange (SAE) program (may not be available in all areas).

 

Other regular schedule: [describe in detail when the child/children will be living in your home and in the other parent/guardian’s home]

 

 

 

 

 

 

 

 

 

 

 

Section 7: PARENTING TIME—REGULAR SCHEDULE

[Must choose only one of 7A, 7B or 7C or provide separate schedule]

 

Regular Schedule 7B

 

 

 

 

The child/children will live with both me and [name of parent/guardian] for an equal or almost equal amount of time.

 

 

 

I propose the following schedule for the child/children:

 

 

 

Starting on [date: day/month/year] the child/children will be cared for in my home every second week:

from: [day of the week] at [a.m./p.m.]

until: [day of the week] at [a.m./p.m.]

and on the other weeks, they will be cared for by the person named above.

 

Other regular schedule: [describe in detail when the child/children will be living in your home and when they will be in the other parent’s/guardian’s home]

 

 

 

 

 

 

 

 

 

 

 

Section 7: PARENTING TIME—REGULAR SCHEDULE

[Must choose only one of 7A, 7B or 7C or provide separate schedule]

 

Regular Schedule 7C

 

 

I propose that [name(s) of child/children to live with me] will live with me most of the time and [name(s) of child/children to live with other parent/guardian] will live with [name of other parent/guardian] most of the time.

 

 

 

The child/children who will live in my home will be cared for by the other parent/guardian:

 

On days and times that we have agreed upon, based on reasonable requests for reasonable times.

 

Other regular schedule: [describe in detail when the child/children will be living in your home and when they will be in the other parent’s/guardian’s home]

 

 

 

 

 

 


 

 

 

 

The child/children who will live in the other parent’s/guardian’s home will be cared for by me:

 

On days and times that we have agreed upon, based on reasonable requests for reasonable times

 

Other regular schedule: [describe in detail when the child/children will be living in the other parent’s/guardian’s home and when they will be in your home]

 

 

 

 

 

 

 

 

Section 8: PARENTING TIME—ADDITIONAL SCHEDULES

 

8a. Long Weekends

 

 

If a holiday falls on a Monday or Friday, will the child/children remain with the parent/guardian who has them on the weekend?

 

 

 

 

Yes

 

 

The parent/guardian who has the child/children on the weekend under the regular schedule will keep the child/children until

 

 

Monday evening

 

 

Tuesday morning

 

 

Other:                                                                                                                    

 

No

 

 

 

 

Long Weekends are to be shared alternating year by year.

 

 

 

 

To begin this year [date] I will care for the child/children for the weekends I have marked and the other parent/guardian will have the weekends I have not marked:

 

 

 

 

Heritage Day weekend

 

Victoria Day weekend

 

Canada Day weekend when it occurs

 

August holiday weekend

 

Labour Day weekend

 

Thanksgiving weekend

 

Remembrance Day weekend when it occurs

 

Other: [describe]

 

 

 

 

 

 

 

8b. Christmas or December to January Break

 

 

The child/children will:

 

 

 

Alternate and split time on Christmas Day: between homes in even and odd years with one parent/guardian caring for the child/children from [date and time] until [time] on Christmas Day and the other parent/guardian caring for the child/children from that time on Christmas Day until [date and time].

 

Alternate and split time between Christmas Eve and Boxing Day: between homes in even and odd years with one parent/guardian caring for the child/children from [time] on Christmas Eve until [time] on Christmas Day and the other parent/guardian caring for the child/children from that time on Christmas Day until [time] on Boxing Day.

 

Alternate and split time over full Christmas/New Year holiday: between homes in even and odd years with one parent/guardian caring for the child/children from after school at the beginning of the school break until [time] on Christmas Day and the other parent/guardian caring for the child/children from that time on Christmas Day until [time] on the day before they must return to school.

 

Alternate between homes in even and odd years with one parent/guardian caring for the child/children from after school at the beginning of the school break until [time] on Christmas Day and the other parent/guardian caring for the child/children from that time on Christmas Day until that parent/guardian returns them to school the morning of the day they must return to school.

 

Other:

 

 

 

 

 

 

 

 

 

I request the alternating schedule above and request I have all [choose “even” or “odd”] years.

 

8c. Easter Break

 

 

The child/children will:

 

 

 

Alternate and split time on Easter Saturday: between homes in even and odd years with one parent/guardian caring for the child/children from after school at the beginning of the school break until [time] on Easter Saturday and the other parent/guardian caring for the child/children from that time on Easter Saturday until that parent/guardian returns them to school the morning of the day they must return to school.

 

Alternate and split time on weekend: between homes in even and odd years with one parent/guardian caring for the child/children from [day and time] until [day and time] and the other parent/guardian caring for the child/children from that time until
[day and time]
.

 

Other:

 

 

 

 

 

 

 

 

 

I request the alternating schedule above and request I have all [choose “even” or “odd”] years.

 

8d. March Break

 

 

The child/children will:

 

 

 

Alternate and split time during week: between homes in even and odd years with one parent/guardian caring for the child/children from after school at the beginning of the school break until Wednesday at [time] and the other parent/guardian caring for the child/children from that time until that parent/guardian returns them to school the morning of the day they must return to school.

 

Alternate entire week and both weekends annually: between homes in even and odd years with one parent/guardian caring for the child/children for the entire March break including the weekends at the beginning and at the end of the break.

 

Alternate entire week annually: between homes in even and odd years with one parent/guardian caring for the child/children for the entire March break starting at [time] on Sunday at the start of the break until [time] on Sunday at the end of the break.

 

Other:

 

 

 

 

 

 

 

 

 

I request the alternating schedule above and request I have all [choose “even” or “odd”] years.

 

8e. Summer Holiday/School Break

 

 

Describe in detail when the child/children will be in your home and when they will be in the other parent’s/guardian’s home:

 

 

 

 

 

8f. Notice Requirements for Vacations/Holidays

 

 

Describe in detail the amount of advance notice you require to schedule vacation times and

holidays each year:

 

 

 

 

 

8g. Child’s/Children’s Birthdays

 

 

I will share parenting time on the child’s/children’s birthdays when I receive reasonable requests for a reasonable sharing of time and transportation.

 

The child’s/children’s birthdays can be celebrated in the home of the parent/guardian who has the child/children in their care on that day.

 

8h. Other parenting time

 

 

I will agree to additional parenting time when I receive reasonable requests for reasonable times.

 

I will not agree to any additional parenting time.

 

I will change parenting times when I receive a reasonable request to make a change with reasonable changes detailed.

 

I will not agree to any changes to parenting times.

 

 

Section 9: TRANSPORTATION BETWEEN HOMES

 

The other parent/guardian will pick up the child/children from my home and I will go to their home to pick up the child/children and return them to my home.

I will take child/children to other parent/guardian home and the other parent/guardian will return the child/children to my home.

The other parent/guardian will pick up the child/children from my home and return the child/children to my home.

I will take the child/children to the other parent’s/guardian’s home and I will go to their home to pick up the child/children and return them to my home.

The other parent/guardian will pick up and return the child/children from and to school for the regular parenting schedule and from and to my home when the child/children are not in school.

The other parent/guardian will pick up and return the child/children from and to the child care provider.

I will meet the other parent/guardian at [name the location].

I will meet the other parent/guardian at a neutral location that we select and agree upon from time to time.

I will make this decision with the other parent/guardian depending on what is required by us and the child/children from time to time.

Other: [describe]

 

 

 

 

 

 

 

 

Section 10: INTERACTION PROPOSAL

 

In addition to my parenting time, I propose the following interaction with the child/children:

 

Attend the following activities: [describe, for example: school events, extracurricular activities, religious and cultural events]

 

 

 

 

 

 

Communicate with each child in writing by: [describe, for example: letters, e-mails, texts]

 

 

 

With the following frequency: [describe frequency: number of times per week or month]

 

 

Communicate with each child verbally by: [describe, for example: telephone, Internet conferencing]

 

 

 

With the following frequency: [describe frequency: number of times per week or month]

 

 

Other: [describe]

 

 

 

 

 

 

 

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

 

 

 

 

Date

 

Signature

 

 

 

 

 

 

 

 

Full name [please print]

Form 2A added: O.I.C. 2017-142, N.S. Reg. 81/2017.

 ________________________________________________________________ 

Form FC 2B: Statement of Contact Time and Interaction

Form FC 2B

 

 

20

 

No.

Family Court for the Province of Nova Scotia

Between:

 

 

 

 

Applicant

and

 

 

Respondent

 

 

Statement of Contact Time and Interaction

 

 

Completed by:                                                                                  

 

 

 

[first and last name of person]

 

 

Completed on:                                                                                  

 

 

 

[day/month/year]

 

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

 

[The term “child/children” in this document means the child or any of the children who are the subject of the court application.]

 

[If you do not have enough room to give information in any section, please attach extra page(s) and mark with the section number.]

 

 

Section 1: RELATIONSHIP TO CHILD

 

Please describe your relationship to each child:

 

Child’s Last Name

Child’s First and

 Middle Names

Date of Birth

(d/m/y)

Relationship

(e.g. grandmother, grandfather, aunt, uncle, etc.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2: RELATIONSHIP BETWEEN PARTIES

 

Relationship between the parties:

 

 

 

I am a parent of                                                       [name of parent/guardian of child/children].

 

I am a relative of                                                     [name of parent/guardian of child/children].

 

Other: [describe relationship]                                                                                              

 

 

Section 3: CURRENT CONTACT TIME/INTERACTION AVAILABILITY

 

I work from home.

I am retired and not working.

I work regular days and hours from [day] to [day] and from [hour] to [hour].

I work shift work, and my regular pattern of days and hours is as follows: [describe]

 

 

 

 

 

 

I work part-time, with irregular days and hours as follows: [describe]

 

 

 

 

 

 

I am not working because:

 

I am unemployed.

 

I am on maternity or paternity leave.

 

I am disabled.

 

I am financially supported by: [describe person or circumstances]

 

 

 

 

 

 

 

Other: [describe circumstances]

 

 

 

 

 

 

 

 

Section 4: REASONS FOR REQUESTING AN ORDER

 

I have asked for contact or interaction with the child/children and all of my requests have been refused.

I have not had any contact or interaction with the child/children since [date].

Other: [describe circumstances]

 

 

 

 

 

 

 

 

Section 5: CONTACT TIME PROPOSAL

 

I propose the following regular schedule for contact time with the child/children:

 

 

 

 

A weekend visit once every [describe time period: week/month/number of weeks/months] beginning [day] at [a.m./p.m.] until [day] at [a.m./p.m.].

 

A weekday visit once every [describe time period: week/month/number of weeks/months] beginning [day] at [a.m./p.m.] until [day] at [a.m./p.m.].

 

At times and places I have agreed upon, or the court orders, with supervision of my contact time by
[name]
.

 

At times determined with and supervised through a Supervised Access and Exchange (SAE) program (may not be available in all areas).

 

Other: [describe when the child/children will be in your care]

 

 

 

 

 

 

 

 

 

 

 

I propose the following contact time with the child/children during holidays:

 

 

 

No additional time beyond the regular schedule for contact time.

 

Additional contact time: [describe each holiday and time request in detail]

 

 

 

 

 

 

 

 

 

 

 

Section 6: TRANSPORTATION BETWEEN HOMES

 

I will pick up the child/children from the home of the parent/guardian [name] and return the child/children to the parent’s/guardian’s home.

I will go to the home of the parent/guardian [name] to pick up the child/children and the parent/guardian will pick up the child/children from my home.

I will meet the parent/guardian [name] at [name the location] to pick up and drop off the child/children.

I will pick up and return the child/children to and from the child care provider or school.

Other: [describe]

 

 

 

 

 

 

 

 

Section 7: INTERACTION PROPOSAL

 

I propose the following interaction with the child/children:

 

 

 

Attend the following activities: [describe, for example: school events, extracurricular activities, religious and cultural events]

 

 

 

 

 

 

 

 

 

 

Send cards or gifts: [describe when, for example: birthday, holidays, special events]

 

 

 

 

Receive cards or gifts: [describe when, for example: birthday, holidays, special events]

 

 

 

 

Communicate with each child in writing by: [describe, for example: letters, e-mails, texts]

 

 

 

 

 

With the following frequency: [describe frequency: number of times per week or month]

 

 

 

 

Communicate with each child verbally by: [describe, for example: telephone, Internet conferencing]

 

 

 

 

 

With the following frequency: [describe frequency: number of times per week or month]

 

 

 

 

Receive photographs of each child from a person named in the order

 

Receive information regarding the health, education and well-being of each child from a person named in the order

 

Other: [describe]

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

Date

 

Signature

 

 

 

 

 

 

 

 

Full name [please print]

Form 2B added: O.I.C. 2017-142, N.S. Reg. 81/2017.

 ________________________________________________________________ 

Form FC 3: Statement of Income

 

Form FC 3

 

 

20

 

No.

Family Court for the Province of Nova Scotia

Between:

 

 

 

 

Applicant

and

 

 

Respondent

 

 

Statement of Income

of
prepared on , 20___

 

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

 

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

 

[If you have two income sources, use one chart for each source.]

 

First income source: [name of source]

 

GROSS INCOME - MONTHLY CONVERSION CHART

MY PAY PERIOD

CONVERSION FORMULA

MONTHLY INCOME

Weekly

$ × 4.33

$

Every second week

$ × 2.17

$

Twice per month

$ × 2

$

Monthly

 

$

 

Second income source: [name of source]

 

GROSS INCOME - MONTHLY CONVERSION CHART

MY PAY PERIOD

CONVERSION FORMULA

MONTHLY INCOME

Weekly

$ × 4.33

$

Every second week

$ × 2.17

$

Twice per month

$ × 2

$

Monthly

 

$

 

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

 

GROSS MONTHLY INCOME

AMOUNT

COMMENTS

A)

Gross Salary or Wages or Net Professional Income

 

 

B)

Overtime/Commissions/Bonuses

 

 

C)

Employment Insurance Benefits

 

 

D)

Social Assistance/Family Benefits

 

 

E)

Pension Income

 

 

F)

Actual Dividends Received Before Gross-up

 

 

G)

Income From Trust

 

 

H)

Investment Income

 

 

I)

Other:

 

 

J)

Other:

 

 

K)

Other:

 

 

L)

SUBTOTAL

 

 

M)

Deduct Union Dues

 

 

N)

Deduct Other Schedule III Adjustments

 

 

O)

TOTAL MONTHLY INCOME

(FOR TABLE AMOUNT CHILD SUPPORT)

 

 

P)

Canada Child Benefit

 

 

Q)

GST credit

 

 

R)

TOTAL MONTHLY INCOME

 

 

 

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

$                                

× 12

Total Annual Income for table amount:

$                                

 

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

 

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

 

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

 

                I AM AN EMPLOYEE:

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

 

                I AM UNEMPLOYED:

Attached is a statement of my income to date this year from:

 

[Include particulars of all income received by way of employment insurance benefits, social assistance, pension income, Workers’ Compensation, disability or such other benefits or income that may apply. If a statement of income is not available, provide a letter from the applicable source of income stating the required information.]

 

                I AM SELF-EMPLOYED:

I am self-employed and attached are:

 

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

 

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

 

                I AM A MEMBER OF A PARTNERSHIP:

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

 

                I CONTROL A CORPORATION:

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

 

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

 

                I AM A BENEFICIARY UNDER A TRUST:

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

 

                I AM AN ADMINISTRATOR OR A TRUSTEE OF A TRUST.

 

Sworn to/Affirmed before me

)

 

on __________________, 20___

)

 

at                                                                           

)

 

 

)

 

 

)

 

Signature of Authority

)

Signature of:

Print name:

)

 

Official capacity:

)

 

Form FC 3 added: O.I.C. 2014-400, N.S. Reg. 140/2014; replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 ________________________________________________________________ 

Form FC 4: Statement of Special or Extraordinary Expenses

 

Form FC 4

 

 

20

 

No.

Family Court for the Province of Nova Scotia

Between:

 

 

 

 

Applicant

and

 

 

Respondent

 

 

Statement of Special or Extraordinary Expenses

of
prepared on , 20___

 

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

 

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

 

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

 

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

 

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

 

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

 

                (e)    expenses for post-secondary education;

 

                (f)     extraordinary expenses for extracurricular activities.

 

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

 

 

Child’s Name

 

Details of Each Expense

 

Total Amount of Expense

1

 

 

 

 

$ per month

2

 

 

 

 

$ per month

3

 

 

 

 

$ per month

4

 

 

 

 

$ per month

5

 

 

 

 

$ per month

 

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

 

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

 

 

 

 

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

 

 

 

 

Sworn to/Affirmed before me

)

 

on __________________, 20___

)

 

at                                                                           

)

 

 

)

 

 

)

 

Signature of Authority

)

Signature of:

Print name:

)

 

Official capacity:

)

 

Form FC 4 added: O.I.C. 2014-400, N.S. Reg. 140/2014; replaced: O.I.C. 2017-142, N.S. Reg. 81/2017.

 ________________________________________________________________ 

Form FC 5: Statement of Undue Hardship Circumstances

 

Form FC 5

 

 

20

 

No.

Family Court for the Province of Nova Scotia

Between:

 

 

 

 

Applicant

and

 

 

Respondent

 

Statement of Undue Hardship Circumstances

of
prepared on , 20___

 

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

 

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

 

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

 

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

 

                (c)    I have unusually high expenses in relation to exercising parenting time with my child;

 

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

 

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

 

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

 

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

 

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

 

(a)

Spouse or Partner:

 

 

 

 

Name                                                              

 

Gross annual income:

 

(b)

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

 

Name                                                              

 

Gross annual income:

 

 

Name                                                              

 

Gross annual income:

 

(c)

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

 

Child’s full name:

 

 

Date of birth:

 

 

Child’s full name:

 

 

Date of birth:

 

 

3.      Attached are true copies of the notice of assessment and income tax return for the preceding year [year] for each of the individuals listed in paragraph 2 above.

 

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

 

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

 

 

 

 

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

 

Factor:                                                                                   

 

Annual amount:                     

Factor:                                                                                   

 

Annual amount:                     

 

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

 

Annual amount:                                   

 

Date of judgment, order or agreement:                   

Annual amount:                                   

 

Date of judgment, order or agreement:                   

 

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

 

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

 

Annual amount:                                   

 

Date of judgment, order or agreement:                   

Annual amount:                                   

 

Date of judgment, order or agreement:                   

 

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

 

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

 

                are attached.

 

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

 

Sworn to/Affirmed before me

)