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.
Reply
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.
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:
Children, Youth and Families Act
Child Support Service Regulations
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
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.
- 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
| 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 |