Frequently Asked Questions

Yes, you may represent yourself. However, some cases are complex and require extensive legal knowledge. People are always encouraged to seek the advice of a lawyer.

If you are served with an Originating Application (or an Originating Application to Vary) and you wish to contest the claims made, you should file a Response form with the Court within 30 days. A Response is a form you complete to reply to an Originating Application and should address the claims made against you and state clearly the reason you are defending the action. If you do not file a Response, an order may be made against you in your absence. There is more information on the process, and links to the relevant forms, on the Family Rules, Practice Notes and Forms – General page.

Service is the formal delivery of a legal document to the other party in accordance with the rules of court. The type of service 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.

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.

To prove that you have served a document on the other party, you may have to file an affidavit of service.

For more information on the process and for links to relevant forms, see the Family Rules, Practice Notes and Forms – General page.

No, there is no such thing as a ‘legal separation’. Separation occurs when a couple, married or common law, no longer lives together as a couple. You become legally separated as soon as you and spouse/partner start living “separate and apart” from each other with the intention of separating.

However, you can obtain a separation agreement, with the aid of a lawyer.

Separation occurs when a couple, married or common-law, no longer lives together as a couple. You do not have to see a lawyer, go to court, or have a ‘legal separation’ to be legally separated. You do not need the consent of your spouse or partner to start living separately. You are considered legally separated as soon as you and your spouse/partner start living ‘separate and apart’ from each other with the intention of separating.

Divorce is the legal end of a marriage. It does not end all of the obligations between spouses. It simply ends the legal relationship that was created when two people were married. There is more information about divorce here.

Parenting is considered a separate issue from child support. You cannot deny parenting time to a parent that fails to pay support; similarly, you cannot stop support payments if you are denied parenting time.

A parent who denies parenting time to the other parent or support may be seen as acting against the best interests of the child.

If you are not receiving your child support payments, you can contact the Support Enforcement Division at (709) 637-2608.

For information on the Support Enforcement Program, visit:

https://www.gov.nl.ca/jps/childsupport/support-enforcement/

The amount of child support payable is determined by the federal Child Support Guidelines or Provincial Child Support Guidelines. The Guidelines prescribe set amounts based on the payor’s income, the province where the payor lives, the number of children, and the residency of the children.

There is more information about child support here.

No, your new spouse’s salary is not taken into consideration when calculating child support.  If there is a claim for undue hardship, the income of the new spouse may be considered.

Mediation involves a neutral third party (a mediator) who assists the parties in reaching an agreement. It is a process that gives both parties the power to make their own decisions and settle their matters out of court. Mediation services to resolve child support and parenting issues are provided by Family Justice Services (FJS) at no cost. You can access these services voluntarily by completing a Request for Service Form. Additionally, when you make an application to court, your matter will be forwarded to FJS to begin the mediation process.

Family Justice Services (FJS) offers services that assist families in resolving parenting and child support issues.

These services are free for residents of Newfoundland and Labrador that are involved in family law matters. Some of their services include:

1. Parent education;
2. Dispute resolution (mediation);

More information about Family Justice Services may be found Here

If you don’t qualify for Legal Aid and if you cannot afford to hire a lawyer to act for you, you still might want to consider consulting with one. Public Legal Information Association (PLIAN) of NL offers a lawyer referral service from 9:00 am to noon on weekdays. The service can provide you with the name of a lawyer with whom you can consult for up to 30 minutes for a nominal fee. The number in St. John’s is 709-722-2643 or 1-888-660-7788 (toll free).

Representing yourself can take a considerable amount of time, effort, and patience. You will be responsible for learning about and following the procedures that guide the court process. This is not something that you can learn overnight or by speaking with someone for a few minutes. You will need to take the time to read and research, as well as prepare documents.

If you need assistance in completing a family law form, you may complete your Family Law application online using the PLIAN form builder: https://publiclegalinfo.com/family-law-form-builder/

There is more information about finding legal information and advice here.

Legal Aid Duty Counsel provides an on-site legal service assisting people in court who do not have a lawyer.  They can provide basic advice about legal matters that are before the court.  They cannot conduct trials or appear on contested matters.

They can explain your legal rights and obligations and provide information about:

• How to respond to a court applications;
• What the terms of a proposed agreement would mean to you and your family, and the possible consequences;
• What should be included in a court application and what documents you need to file with the court;
• Time limits for filing documents with the court.

You may contact a Duty Counsel lawyer to make an appointment 48 hours prior to your court appearance at: 709-753-4614

If the parents of the child were never married, only the parent that the child lives with needs to apply to change the child’s name. If parenting is joint, or if the parents were married, the consent of both parents is required to change a child’s name. If one parent refuses, the other can go to court to request the judge to authorize the name change without the other parent’s consent.

If you do not know where the other parent is, you can file an Originating Application under the Change of Name Act, which will dispense with the consent of the other parent. You will need to provide evidence to prove why you are unable to locate the parent.

You are required to appear in Court on the date scheduled.  If you are not in court on your scheduled date, an order can be made in your absence.

A common law relationship is one where two people are living together in a conjugal (married-like) relationship without having been legally married. The two people can be of the same or of the opposite sex. No legal formalities are required. It is not a legal marriage. If you are in a common law relationship, separation ends the relationship – you do not need a divorce. Federal and provincial laws, employers, insurance plans, and pension plans may set out different policies for recognizing a common law relationship. The amount of time you must live together before you are entitled to certain rights depends on the situation.

A marriage is a binding legal contract which affects legal rights and responsibilities. In Newfoundland and Labrador, the legal requirements for getting married can be found in the Marriage Act. This Act can be accessed here: http://www.assembly.nl.ca/legislation/sr/annualstatutes/2009/m01-02.c09.htm. Divorce is the only way to legally terminate the marriage.

The Family Law Act sets out rules for dividing property and debt for married couples, but not for common law couples (unless the couple has opted into the Act through a contract).

If parentage is challenged, a Court can order that a genetic test be done. The Judge will make an order setting out who will pay for the testing.

A claim for child support can be made without getting genetic testing to prove parentage. A mother can get child support without a finding of paternity so long as the paternity has not been denied by the father.

You will need to go to the Supreme Court of Newfoundland and Labrador. Depending on where you live, it will either be General Division or Family Division.

Forms are located on the Court’s website: Family Forms and What to Expect Next After Filing an Originating Application for Divorce provides information about the divorce process and next steps.

No, a judge will not grant a divorce until the best interests of the child(ren) are taken care of.  Parenting arrangements and child support must be resolved.

 

There is no set age at which children can decide which parent they would prefer to live with. It is at the Judge’s discretion whether or not to hear the views of the child during a parenting hearing.

You will need a Certificate of Divorce, which costs $20. To obtain a Certificate of Divorce you have to complete this form and email it to the Court registry in the judicial centre that granted your divorce or deliver it to the Court registry in person. Email addresses for Family Division locations may be found here and email addresses for General Division locations may be found here. Requests should be submitted at least 30 days before you require your Certificate of Divorce. The Court will contact you when the Certificate is ready to discuss payment and pick-up/delivery options.

It is the first court appearance scheduled after an Originating Application is filed. The judge, parties and, where applicable, lawyers identify the issues in dispute and explore ways in which these issues might be resolved. There is also a discussion of what information or evidence might need to be exchanged or brought before the court in order to resolve the issues. At a Case Management Hearing a judge can make an order, with the consent of both parties, requiring either or both parties to do something within a set period of time or before returning to court.

Biological parents, adoptive parents, common law spouses and step-parents may be required to pay child support.

Depending on your circumstances, you may be entitled to spousal or partner support. Both married and common law couples can be entitled to support.

There is more information about spousal and partner support here.

Yes, one lawyer can represent both parties, and it is becoming increasingly common, particularly where there is an amicable separation or divorce. However, some lawyers may choose not to take on both parties, citing conflict of interest.

If there are any conflicts between the parties (custody, access, child or spousal support, division of property, etc.), it is strongly recommended that the parties have different lawyers.

If you are not in agreement with your spouse in seeking a divorce, you must contest the divorce by responding to the Notice to Respondent that your spouse will serve you with.

If you contest your divorce, your spouse may be asked to prove the grounds of the divorce, or give evidence surrounding particular issues (custody or support, for example). At this point, you will be given an opportunity to put forward your case.

A contested divorce can be a complicated process. It is strongly recommended that you contact a lawyer to represent your best interests.

There is no set fee for a divorce. Costs for divorce can include filing fees to file the required court documents, charges for a Commissioner of Oaths (if required), legal fees, etc.

It is strongly suggested you contact a lawyer when considering a divorce – a lawyer will likely be able to give you a better estimation of cost

Pleadings can be amended under the following circumstances:

1. The original OA/OAV that is seeking to be amended has been filed, but has not yet been served on the other party
2. Once without the leave of the Court if the amendment is made not later than 20 days from the date the pleadings are deemed to be closed or 5 days before the hearing under an originating document
3. At any time with the written consent of all of the parties filed with the Court
4. At any time with leave of the Court on such terms as it thinks just

Email filings will not be accepted.  If you would like to provide any non-originally signed documentation, they may be submitted via facsimile and you must include a cover page indicating the file number and full names of all parties involved on the file.

Court minutes are for internal court use only.  They are not an official record.  If any questions arise as to what actually transpired in court, reference should be had to the record of court proceedings which are available on CD.  You can contact the Information Management Division at IMDivision@supreme.court.nl.ca

The Court accepts the following methods of payment: cash, debit, cheque and credit card.  The court does not accept American Express.  Cheques should be made out to the Supreme Court of Newfoundland and Labrador.

There is more information on the process for applying for Letters of Guardianship on the Civil Rules, Practice Notes and Forms – Guardianship page.

Probate and Administration are dealt with in Rule 56 of the Rules of the Supreme Court, 1986. A grant of Probate is the document issued by the Supreme Court certifying that the will was accepted by the court as the last will of the deceased and has been registered in the Court. The Court appoints an executor to take control of the deceased’s property when it issues a grant of Probate. The grant of Probate applies to all property owned by the deceased at the time of death. This includes land, money, and anything else owned by the deceased, located anywhere in the province. The executor takes his authority to deal with the estate from the will. The grant of Probate is evidence of the executor’s authority.

Letters of Administration are issued when a person dies without a will. The Court appoints an administrator to take control of the deceased’s property and distribute it according to law. The Court also issues Letters of Administration, C.T.A. and Letters of Administration, D.B.N., but they relate to different circumstances than simply dying without a will.

You can ask the Supreme Court to do a search of the Probate Registry of the Supreme Court. You will have to fill out a Requisition for Search. There is a $20 fee for this search.

To find out is someone has already posted a Notice of Application to be appointed as an Executor or Administrator of the Estate of a deceased person, you may search here.

Yes, the executor is chosen by the deceased. That gives the executor authority to act regardless of the executor’s place of residence.

No. You are not required by law to probate a will; however, if executors wish to dispose of any estate assets, they need Letters of Probate to prove that they have the right.

There is no time limit: A will can be probated or the estate administered any time after the person dies.

No, wills are only registered when they are submitted to the Court for probate and that can only happen after the person dies.

The original will must be filed at the Probate Registry when a grant of Probate is sought. It is available to the public for viewing and copying when it has been registered. The probated will becomes a permanent public record.

C.T.A. is the abbreviation of the Latin word “cum testamento annexo”, which means “with the will annexed”. The Court issues a grant of Administration with Will Annexed when the will does not name an executor or the executor name cannot or will not act. In these cases, the will must be proved in the same way as if a grant of Probate had been applied for but the administrator’s authority is more limited than an executor’s.

 

D.B.N. is the abbreviation of the Latin words “de bonis non”, which refers to “goods not administered”. The Court issues Letters of Administration, D.B.N. when an administrator of an estate dies without having completed the administration. It also issues Letters of Administration, D.B.N. when an executor appointed in a grant of Probate for another estate dies without a will. It should be noted that the Court can also issue Letters of Administration, C.T.A., D.B.N.

No. The Court (not the deceased person) gives authority to administer an estate. The court’s authority only extends to people living within the province so an administrator has to live in the Province of Newfoundland and Labrador. Letters of Administration will only be issued if the administrator files an administration bond with the Court, unless a judge has dipensed with the bond.

The surety bond provides security and protects the interests of the estate’s beneficiaries and creditors. It is a form of insurance. The surety bond is essentially a promise by a guarantor to make the estate whole in the event that the Administrator fails to meet their obligations and inappropriately depletes the value of the estate

No. You don’t need a lawyer to probate a will or administer an estate. However, circumstances may arise which could require you to seek legal counsel.

Not necessarily. The judge who hears your application may have questions for you and may instruct you to appear in court to answer those questions, but attendance in court is not usually required.

The cost of administering an estate is based on the value of the estate. The Probate Registry will calculate the fees for you when you provide an inventory and valuation of the estate. See the schedule of Court service fees here.

You can appeal a decision of the Small Claims Court (part of the Provincial Court) by filing a Notice of Appeal with the Registry of the Supreme Court in the Court Centre closest to the Provincial Court in which the matter was heard. You have 30 days from the date of the decision in which to file the Notice of Appeal. For more information on the appeal process, see Civil Rules, Practice Notes and Forms – Appeals.

Yes. You may apply to the Supreme Court for leave to extend the time for filing a Notice of Appeal. It is a good idea to draft your Notice of Appeal before you come to Court on the Application. You can get the Application form from any Supreme Court Registry and you will have to pay a fee when you file your Application. You can find more information on the process, as well as the relevant forms, on the Civil Rules, Practice Notes and Forms – Appeals page.

Yes. You may appeal decisions made in the Supreme Court of Newfoundland and Labrador to the Court of Appeal. The Court of Appeal is located on Duckworth Street in St. John’s and deals with appeals from all of the Supreme Court Judicial Centres in the province. For more information, consult the Court of Appeal’s website.

These are some of the most common examples: tort claims, such as actions for personal injuries and other causes based on negligence and trespass; contract disputes; mechanics’ lien actions; defamation actions; real and personal property disputes; Quieting of Titles actions; partnership disputes; guardianship; and, actions to interpret wills and other testamentary instruments, and trusts.

No. The court’s monetary jurisdiction in unlimited, although the Provincial Court has jurisdiction to hear claims if the amount involved does not exceed $25,000, and those matters are usually heard in that court. Please note that the Provincial Court’s monetary jurisdiction is set by the Small Claims Regulations and may change from time to time.

Civil actions are started by Originating Application or Statement of Claim. The procedure for starting and continuing actions in the Supreme Court is set out in the Rules of the Supreme Court, 1986. There is more information on the process here.

Civil claims in the Supreme Court are commenced by filing a Statement of Claim or an Originating Application. If you are served with Statement of Claim you generally have to file a Defence within 10 days to avoid having a judgment obtained against you by default. You must also serve your Defence on the other parties in one of the ways set out in rule 6.11.

If you are served with an Originating Application, you must attend on the date provided on the Notice to the Respondent if you want to avoid judgment being obtained against you by default.

There is more information on the process on the Civil Rules, Practice Notes and Forms – General page.

It is strongly recommended you seek legal advice from a lawyer as Court Staff are not permitted to give legal advice.

A Defence is a response to a Statement of Claim. You generally have ten days after you are served with a Statement of Claim to file a Defence (if you have been served with the Statement of Claim in Newfoundland and Labrador). A Defence should address the claims made against you and state clearly the reason you are defending the action.

Once you have filed your Defence you must also serve your Defence on the other parties in one of the ways set out in rule 6.11.

You can find the Defence form and more information about the process on the Civil Rules, Practice Notes and Forms – General page.

The hearing date for an originating application will be stated on the document you receive. You do not have to file a written response but you should if you disagree with anything in the origination application. Your response will be helpful to the judge if you do. You normally have ten days from when you are served with an application before the hearing, but please check the date carefully and contact the court if you have any questions.

An individual is entitled to self-represent in court. However, some cases in the Supreme Court are complex and require extensive legal knowledge. It is recommended that you seek legal representation for any proceeding in the Supreme Court.

Corporations must be represented by a lawyer in proceedings before the Supreme Court. This is true even for small, closely-held corporations.

The Rules of the Supreme Court, 1986, prescribe a number of forms. Rule 4.01(1) provides that the forms appended to the rules shall be used where applicable with such variations as the circumstances of the particular proceeding require. The official versions of the forms are found on the House of Assembly’s website. You can find fillable versions of these forms for your convenience here.

Sometimes you have to pay a fee when you file a document in the Supreme Court. A schedule of Court service fees may be found here.

There is more information on the criminal trial process on the Criminal Rules, Practice Notes and Forms – General page.

You may appeal from convictions and dispositions in matters prosecuted by way of Summary Conviction in the Provincial Court (including the Traffic Court) by filing a Notice of Appeal with the Registry of the Supreme Court in the Court Centre closest to the Provincial Court in which the matter was heard. You have 30 days from the date the matter is disposed of in the Provincial Court to file the Notice of Appeal. If you are outside of the 30 day limit, you will have to file an Application for Extension of Time to File Notice of Appeal. There is more information on the process and links to the relevant forms on the Criminal Rules, Practice Notes and Forms – Summary Conviction Appeals page.

Please note that if your matter was prosecuted as an indictable offence in the Provincial Court, you have to file your appeal with the Court of Appeal.