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Supreme Court of Newfoundland and Labrador > Rules, Practice Notes and Forms >
Family Rules, Practice Notes and Forms > Family Rules, Practice Notes and Forms
– General

FAMILY RULES, PRACTICE NOTES AND FORMS – GENERAL

This page sets out the rules, procedures and forms that apply to family
proceedings heard in the Family Division and General Division of the Supreme
Court.

PROCESS OVERVIEW

Family Law Handbook for Self-Represented Persons

The Family Law Handbook for Self-Represented Persons, prepared by the Canadian
Judicial Council, includes helpful information on family law matters. The Court
highly recommends consulting this reference if you are self-represented.

Videos

The Supreme Court has prepared videos outlining what to expect when attending
court for a family law matter. These videos may be viewed here.

Process at a glance

The diagram below highlights the process commonly followed in family law
proceedings to obtain an order from the court. Note that your case may proceed
differently or have different steps, depending on the circumstances. Further
details and explanation are provided under the diagram.

Before Coming to Court

Before you begin your court action, consider the benefit of resolving the matter
through negotiation or attending some form of alternative dispute resolution.
Remember that parties can settle the matter themselves at any point – settling
the matter puts you in control of the outcome, rather than a judge!

The benefits of settling the matter include:

* Avoiding the stress of trial and its impact upon all persons involved
* Minimizing conflict
* Certainty of outcome
* Avoiding litigation costs, including an adverse cost award should you lose at
trial
* Less delays
* Generally greater satisfaction with the outcome

If you are trying to resolve an issue relating to parenting or child support,
and both people want to resolve their issue(s) outside of Court, they can access
dispute resolution services through Family Justice Services (FJS). To do so,
both parties must complete and sign a Request and forward it to the nearest FJS
office. This form is available at all Court locations, all FJS locations,
and here.

Commencing a court proceeding

To commence a family court proceeding, the person seeking the assistance of the
court must complete an Originating Application form. This form is available for
download below. The person completing this form is called the “Applicant” and
the other party is called the “Respondent”.

The Applicant has to attach supporting documents to the Originating Application.
The specific documents required will depend upon the relief the Applicant is
seeking. The Originating Application form itself sets out what documents will
need to be attached. If these documents are not attached, the Originating
Application may be rejected by the Court’s Registry.

The Originating Application must be signed in front of a Commissioner for Oaths,
who will witness the signing of the document. The Court’s registry staff members
can provide this service if the Applicant brings their completed, unsigned
Originating Application to the registry. Alternatively, any lawyer or
Commissioner for Oaths can also provide this service. Once the Originating
Application is signed and witnessed, the Applicant must make three extra copies
of the document, including all of the attachments.

Once this is done, the Applicant must file their Originating Application with
the Court and pay the associated fee.

What to Expect Next after Filing your Origination Application

The following information sheets, in addition to the information on this page,
provide a helpful overview of what to expect after you file your Originating
Application with the Supreme Court.

* What to Expect Next After Filing an Originating Application
* Divorce Only – What to Expect Next After Filing an Originating Application –
St. John’s
* Child Support Only – What to Expect When Filing-Responding to an OA and OAV

Serving the Originating Application on the Respondent

Once the Originating Application is filed with the Court, the Applicant must
“serve” the document on the Respondent. Service is the formal delivery of a
legal document to the other party in accordance with the rules of court. The
manner of delivery required depends upon the nature of the claims made in your
Originating Application.

If the Originating Application includes a claim for divorce or a parenting
order, the Applicant must ensure the Originating Application is personally
served on the Respondent by arranging for someone who is at least 19 years old,
other than the Applicant, to hand-deliver the Originating Application to them.
If you cannot personally serve the Respondent for any reason, you can apply for
permission to serve the documents another way. You may make an Interim
Application for a Procedural Order (Form F16.03A) to apply for substituted
service. That form is available for download below.

If the Originating Application does not include a claim for divorce or a
parenting order, the Applicant can serve the Respondent by:

* personal service (as described above);
* leaving a copy at the Respondent’s address with an adult member of the
Respondent’s household and, on that same day or the next day, mailing another
copy to the Respondent;
* leaving a copy with the Respondent’s lawyer, but this form of service is only
effective if the lawyer accepts service on the Respondent’s behalf;
* sending it by registered mail/courier, but this form of service is only
effective if a confirmation of delivery is obtained;
* sending it by regular mail, but this form of service is only effective if the
Respondent provides the Applicant with an Acknowledgment of Service in Form
F8.04A; or
* sending it by email, but this form of service is only effective if the
Respondent sends a reply email acknowledging receipt.

For more specifics on service, and what is required to properly serve a
document, consult Rule F8 of the Supreme Court Family Rules.

Once the other party is served, the Applicant must complete an Affidavit of
Service (Form F8.03A) and file it with the Court. This form is available for
download below. This form also needs to be signed in front of a Commissioner for
Oaths before it is filed with the Court.

Response

The Respondent, meaning the other party, must then file and serve a “Response”.
This form is also available for download below. The Respondent may also have to
attach documentation to the Response form, depending upon the nature of the
claims raised in the Originating Application. The Response form specifies which
documents must be attached.

The Response must also be signed in front of a Commissioner for Oaths. When it
is signed and witnessed, the Respondent must make 3 extra copies and file the
original with the court. The Response must be filed within 30 days of the
Respondent being served with the Originating Application. The Response must also
be served on the Applicant. If the Respondent includes a new claim for divorce
or a parenting order in the Response (meaning that the Applicant was not making
a claim for divorce or a parenting order), then someone over the age of 19,
other than the Respondent, must hand-deliver the Response to the Applicant. If
the Response does not include a new claim for a divorce or parenting order, then
one of the other methods of service discussed above can be used.

The Respondent must then file an Affidavit of Service or Acknowledgement of
Service with the Court. This is the same form used by the Applicant. These forms
are available for download below.

If the Respondent raises a new issue in their Response, then the Applicant must
file and serve a Reply. This form is also available for download below. The
Applicant may be required to attach additional supporting documents to the
Reply. The specific documents required will be set out in the Reply form. The
Reply must also be signed in front of a Commissioner for Oaths. When it is
signed and witnessed, the Applicant must make 3 extra copies and file the
original with the court. The Reply must be filed within 10 days of being served
with the Response. The Applicant must serve the Reply on the Respondent.

Resolving your Matter with the Assistance of Family Justice Services

If the Originating Application or Response includes a claim for a child support
or parenting order, then the Court will refer the matter to Family Justice
Services (FJS). FJS will attempt to assist the parties in resolving the issues
of child support and parenting outside of Court. If the parties are able to come
to an agreement at FJS, they will both sign a written agreement that will be
filed with the Court and become a legally binding document.

More information on Family Justice Services may be found here.

Case Management Hearing

If the parties do not resolve their family law issues with the assistance of FJS
or if the matter does not involve parenting or child support issues, the matter
will be scheduled for a Case Management Hearing. All parties and their lawyers
MUST attend a case management hearing in person, unless the judge permits
otherwise. At a case management hearing, the parties, their lawyers (if they are
represented), and the judge will meet in a short 15 minute court proceeding to:
discuss whether all relevant information is disclosed and updated; identify the
issues in dispute and ways to resolve those issues; consider whether the case
can be simplified; discuss whether there is any settlement potential; discuss
the responsibility of the parties to actively work towards resolving their
disputes; and set dates for the next steps in the proceeding.

There may be more than one case management hearing – you can request a case
management hearing (by filing a Request for Case Management) if an issue comes
up that needs to be dealt with.

Disclosure of Information and Interim Applications

After a case management hearing, one or both parties may be required to disclose
additional information to the Court and the other side. This disclosure of
information may be required to ensure that the judge has sufficient information
to decide the matters in dispute.

At that time, both parties will also be able to make any required interim
applications. Interim applications are generally filed to request that a support
or parenting order be made for a temporary period of time until final resolution
of you matter by agreement or the decision of the judge.

It is also possible to make an interim application for a parenting order or
support order before the first case management hearing is held, but only where a
party can satisfy a judge that there are urgent reasons to hear the matter at
that time (the party must request permission to proceed with the interim
application).

Settlement Conference

As part of the court process, the parties may attend a settlement conference
with a Judge. A judge has the discretion to order a settlement conference at any
time. Alternatively, the parties may request a settlement conference at a case
management conference. The purpose of a settlement conference is to settle all
of the issues in dispute or to resolve as many issues as possible with the
assistance of a judge before proceeding to a trial. The parties can request that
their settlement conference be binding with respect to one or more issues or
claims, which essentially turns the settlement conference into an arbitration.

Another Case Management Conference

If the parties are unsuccessful in resolving all of their issues at a settlement
conference, another case management hearing will be held to set a date for
trial.

Trial Readiness Conference

When a trial date has been scheduled, a judge may order a trial readiness
conference to be held. A trial readiness conference is a short 15-minute
proceeding that is held within 45 days of the trial, unless the judge orders
otherwise. The parties and their lawyers must attend in person, unless the judge
orders otherwise. The purpose of this appearance is to ensure that appropriate
preparations have been taken and that the parties are ready for trial.

Trial or Informal Trial is held

The matter will then proceed to trial.

The parties have the option to attend an informal trial, instead of a
traditional trial. Informal trials were designed for self-represented persons.
These trials use a simplified process with relaxed rules of evidence. In an
informal trial, the judge will decide what is relevant and what should be
considered during the trial. Parties will be able to speak directly to a judge
without objections or being wary of difficult cross-examination. If your matter
is suitable for an informal trial, it will allow your case to proceed to trial
faster and may be less costly. Note, though, that an informal trial is only
available where both parties consent to this method of trial at a case
management conference and the judge agrees that the matter is appropriate to
proceed as an informal trial. Parties can request an informal trial by filing a
Request for an Informal Trial – Form F31.02A. This form is available for
download below.

Preparing for your Trial or Hearing

The Supreme Court has prepared videos explaining how to prepare for your trial
or hearing and how to present your case. You can view these videos here.

The following tip sheets were created to assist Self-Represented Litigants in
preparing and presenting their Family Case at trial. Topics include Courtroom
behavior, preparing your family case for trial, and the use of witnesses. The
information provided is general in nature and should not be taken as legal
advice.

* Courtroom Behavior
* Preparing Your Case
* Using Witnesses

At the Trial or Hearing

At the beginning of the trial or hearing, the Court Officer will call the Court
to order. Everyone who is able to do so must stand when the judge enters the
courtroom.

The Applicant (person making the application) will normally speak first. If the
hearing involves witnesses, then the Applicant’s witnesses are normally called
first. The Applicant or his/her lawyer will examine (ask questions) of a witness
and then the Respondent (or his/her lawyer) will have the opportunity to ask
questions of that same witness. If further questions arise for the Applicant as
a result of the questioning by the Respondent, the Applicant is normally allowed
to ask a few extra questions if necessary.

After the Applicant has called his/her witnesses to the stand, the Respondent
will also be able to call their own witnesses. The Respondent or his/her lawyer
will examine (ask questions) of a Respondent witness and then the Applicant (or
his/her lawyer) will have the opportunity to ask questions of that same witness.
If further questions arise for the Respondent as a result of the questioning by
the Applicant, the Respondent is normally allowed to ask a few extra questions
if necessary.

The Applicant and Respondent will usually also testify as well as part of a
hearing where witnesses are called.

Below are some common questions which arise when people are testifying in Court:

I am afraid I will panic, or become emotional, when I testify. How do I calm
down?

The way you are feeling is entirely normal. You may want to practice relaxation
exercises before you testify (such as concentrating on breathing deeply and
slowly). You might want to consider bringing a support person to court who will
sit with you before you go into court.

What if I just don’t say anything when I am asked questions by the lawyers?

You cannot refuse to answer questions while you are testifying. You could be
held in contempt of court, which is very serious, and you may be put in jail.

What if I start crying?

Don’t worry if you cry in court. Most witness stands have a box of tissues close
by. If you need to take a moment to gather yourself together, ask the judge for
a break.

I am afraid that I won’t understand the lawyers and their questions. What should
I do?

If you don’t understand a question, make sure you tell the judge. The lawyer may
be asked to re-phrase the question, or the judge may explain it further. Don’t
be embarrassed to say you don’t understand. Legal language can sometimes be
confusing to people who don’t work in the legal system.

What happens if a lawyer says objection while I am testifying?

If one of the lawyers says objection while you are testifying, stop talking. The
judge may want to hear from each of the lawyers before the judge decides whether
you can continue talking about what you were talking about.

Order

The Judge will make an Order based on the information presented during the
trial.

RELEVANT STATUTES

A complete list of the Statutes and Regulations of Newfoundland and Labrador may
be found on the House of Assembly’s website. A list of all Federal Statutes and
Regulations may be found on the Justice Laws Website. Links to some acts and
regulations commonly referenced in family proceedings are included below:

Adult Protection Act

Children’s Law Act

Children, Youth and Families Act

Divorce Act

Family Law Act

Child Support Service Regulations

Child Support Guidelines Regulations

Federal Child Support Guidelines

RULES OF PROCEDURE

The Supreme Court Family Rules govern the procedure in civil matters before the
Supreme Court of Newfoundland and Labrador. You may also have to consult other
rules in the Rules of the Supreme Court, 1986, if a matter arises that is not
dealt with in Supreme Court Family Rules.

PRACTICE NOTES

The Court also issues practices notes governing family proceedings. The official
versions of the Practice Notes, published pursuant to Rule 4.04 of the Rules of
the Supreme Court, 1986, are published in the Newfoundland and Labrador Gazette.
The following Practice Notes are applicable to family law proceedings:

General Court Matters

Requesting Special Equipment for Trials (P.N. (TD) No. 2014-01)

Access to Judges after Hours for Emergency Purposes (P.N. (TD) No. 2002-02)

Courtroom Practice

Administrative Recalculation of Child Support Regulations under the Family Law
Act (P.N. No. 2019-01)

Court Attire

Style of Address of Justices of the Supreme Court of Newfoundland, Trial
Division (P.N. (TD) No. 2001-01)

Appearing Remotely

Virtual Appearances (P.N. No. 2022-01)

Registry Practice

Filing Documents by Email (P.N. No. 2020-03)

Improperly Titled Forms and Documents (P.N. No. 2018-02)

Style of Cause in Family Proceedings (P.N. (TD) No. 2015-03)

Affixing Seal (PN (TD) No. 2013-01)

Registry Practice Advisory: Filing of Documents

Filing of Domestic Contracts (P.N. (TD and UFC) No. 2009-01)

Case Management Meeting Practice

Case Management Meetings in Family Proceedings (P.N. (TD) No. 2015-01)

Applications

Applications (P.N. (TD) No. 2017-02)

Family Justice Services

Family Justice Services Division Mediation of Spousal Support Matters (P.N. (TD)
NO. 2008-03)

FORMS

The Supreme Court Family Rules, prescribe a number of forms that must be used in
family law proceedings. The official version of these forms may be found on the
House of Assembly’s website. For your convenience, please find fillable versions
of these forms below.

IMPORTANT NOTES:

*All original signatures must be in BLUE INK.

*All documents must be single-sided.

*To ensure your web browser is loading the most recent version of forms on this
website, please refresh your browser by hitting the Shift + F5 keys after
opening a form.

How to Start or Respond to a Proceeding

You can use PLIAN’s Family Court Law Form Builder for guided assistance in
completing the following forms:

F4.03A – Originating Application

F4.04A – Joint Originating Application

The following information sheets provide a helpful overview of what to expect
after you file your Originating Application with the Supreme Court.

F4.03A – Originating Application PDF Version Word Version F4.04A – Joint
Originating Application PDF Version Word Version F4.04B – Withdrawal from Joint
Originating Application PDF Version Word Version F5.05A – Originating
Application for Variation PDF Version Word Version F5.06A – Joint Originating
Application for Variation PDF Version Word Version F6.02A – Response PDF Version
Word Version F6.04A – Demand for Notice PDF Version Word Version F6.06A – Notice
of Default PDF Version Word Version F7.02A – Reply PDF Version Word Version
F8.04A – Acknowledgement of Service PDF Version Word Version F8.03A – Affidavit
of Service PDF Version Word Version

How to Get Information About Your Case

F10.02A – Financial Statement PDF Version Word Version F10.04A – Property
Statement PDF Version Word Version F11.02A – Demand to Disclose PDF Version Word
Version F11.02B – Response to Demand to Disclose PDF Version Word Version
F11.03A – Demand for Answers PDF Version Word Version F11.03B – Response to
Demand for Answers PDF Version Word Version

Court Assistance in Managing Your Case

F14.04A – Request for Case Management Hearing PDF Version Word Version

Resolving Issues in an Ongoing Proceeding

F16.03A – Interim Application – Interim Application for Procedural Order PDF
Version Word Version F17.03A – Interim Application – Emergency Interim
Application PDF Version Word Version F18.03A – Interim Application PDF Version
Word Version F19.02A – Interim Application – Application to Vary an Interim
Order PDF Version Word Version

Facilitated Resolution of Claims

F23.01A – Offer to Settle PDF Version Word Version F23.02A – Withdrawal of Offer
to Settle PDF Version Word Version F23.05A – Acceptance of Offer to Settle PDF
Version Word Version F25.03A – Request for Settlement Conference PDF Version
Word Version Settlement Conference Short Notice List
Request Form (St. John’s Only) PDF Version Word Version

Resolving Claims Without a Trial

F26.02A – Application for Judgment PDF Version Word Version F26.03A – Divorce
Judgment PDF Version Word Version F27.02A – Request for Pre-Trial Determination
PDF Version Word Version F28.02A – Request for Summary Judgment Hearing PDF
Version Word Version

Trial Procedures

F29.02A – Request for Trial PDF Version Word Version F31.02A – Request for
Informal Trial PDF Version Word Version

Orders

Order (Blank) PDF Version Word Version Order – Support (Template) PDF Version
Word Version Order – Other than Support (Template) PDF Version Word Version
F34.02A – Consent Order – Support (Template) PDF Version Word Version F34.02B –
Consent Order – Other than Support (Template) PDF Version Word Version F34.02C –
Affidavit of Execution PDF Version Word Version

Special Rules Applicable to Certain Types of Proceedings

F35.03A – Notice of Inter-jurisdictional Support Claim PDF Version Word Version
F38.04A, F38.04B, F38.06A – Return of Child – Notice, Originating Application,
Affidavit PDF Version Word Version F40.04A – Certificate of Divorce PDF Version
Word Version

Other Useful Forms

Affidavit PDF Version Word Version Affidavit (filing contracts and agreements
pursuant to s. 42 and 65(5) of the FLA) PDF Version Word Version Notice of
Discontinuance PDF Version Word Version Notice of Intention to Act in Person PDF
Version Word Version Notice of Representation by a Lawyer PDF Version Word
Version Notice of Change of Lawyer PDF Version Word Version Notice of Intention
to Proceed PDF Version Word Version Request for Certificate of Divorce PDF
Version Word Version Request for Earlier Date of Effect for a Divorce Judgment
PDF Version Word Version Settlement Conference Brief PDF Version Word Version
Subpoena PDF Version Undertaking to Obtain Access to Court File or Exhibit in a
Family Proceeding PDF Version

Supreme Court of Newfoundland and Labrador
309 Duckworth Street
P.O. Box 937
St. John’s, NL
A1C 5M3

Tel: (709) 729-1137
E-mail: inquiries@supreme.court.nl.ca

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