family law modernization customer experience journey map … · 2020. 7. 20. · to our knowledge a...
TRANSCRIPT
Family Law Modernization – Customer Experience Journey Map v8.0 (Large Font)
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Phase
Ø Am I and/or my child(ren) safe? - When do I call police?Ø Have I or my child(ren) experienced violence/abuse in this relationship?Ø How do I get my partner out of the family home?Ø Where am I going to live?Ø How do I get child support?Ø How do I get custody of or access to my child(ren)?Ø How do I find a lawyer?Ø What can I do if I can’t afford a lawyer?Ø How do I protect my money? – How do I survive financially?Ø Where can I go for my own personal issues (i.e. counselling, pyschiatrist)? Or counselling/help for my child(ren)Ø Who can I call for help? - When do I call police?
Ø Am I and/or my child(ren) safe? - When do I call police?Ø Have I or my child(ren) experienced violence/abuse in this relationship?Ø How do I get my partner out of the family home?Ø Where am I going to live?Ø How do I get child support?Ø How do I get custody of or access to my child(ren)?Ø How do I find a lawyer?Ø What can I do if I can’t afford a lawyer?Ø How do I protect my money? – How do I survive financially?Ø Where can I go for my own personal issues (i.e. counselling, pyschiatrist)? Or counselling/help for my child(ren)Ø Who can I call for help? - When do I call police?
Ø Do I need a legal separation?Ø How do I get a legal separation?Ø How do I file for divorce?Ø How do I address support and custody considerations (eg. Contact, child/spousal/common-law partner support,
enforcement)?Ø How do I pay for this?Ø Can I do it myself?Ø What are my basic rights?Ø How do I get access to my child(ren)/grandchild(ren) if being denied access?
Ø Do I need a legal separation?Ø How do I get a legal separation?Ø How do I file for divorce?Ø How do I address support and custody considerations (eg. Contact, child/spousal/common-law partner support,
enforcement)?Ø How do I pay for this?Ø Can I do it myself?Ø What are my basic rights?Ø How do I get access to my child(ren)/grandchild(ren) if being denied access?
Ø How do we split our shared assets/family property?Ø What will happen to our house; Do I have to leave?; Do I have to sell? (eg. Cost of 2 households / income?)Ø What is in the best interest of my child(ren) in terms of custody, access and support?Ø Do we agree on most issues?Ø What issues remain unresolved? Ø 1) Relationship Dates?Ø 2) Other areas in dispute? (custody care and control; child support and extraordinary expenses; spousal/common law
partner support; family property)Ø Do I need to get a job?Ø How does this impact my child’s schooling (eg. Change schools/daycares?)?Ø Can I travel outside Manitoba with my child?
Ø How do we split our shared assets/family property?Ø What will happen to our house; Do I have to leave?; Do I have to sell? (eg. Cost of 2 households / income?)Ø What is in the best interest of my child(ren) in terms of custody, access and support?Ø Do we agree on most issues?Ø What issues remain unresolved? Ø 1) Relationship Dates?Ø 2) Other areas in dispute? (custody care and control; child support and extraordinary expenses; spousal/common law
partner support; family property)Ø Do I need to get a job?Ø How does this impact my child’s schooling (eg. Change schools/daycares?)?Ø Can I travel outside Manitoba with my child?
Ø Do we need assistance to come to agreement?Ø How do I disclose my financial information?Ø Where can I access this type of assistance?Ø What does an agreement look like?Ø Who does the agreement and how do I get it?
Ø Do we need assistance to come to agreement?Ø How do I disclose my financial information?Ø Where can I access this type of assistance?Ø What does an agreement look like?Ø Who does the agreement and how do I get it?
Family Breakdown(Urgent Decisions/Considerations)
Gathering Information and Raising Awareness(General Family Law Information)
Assessing What Decisions I Need to Make-Preliminary Work(Medium to Long Term Decisions)
Negotiations Launch Family Court Case Family Court Pre-Triage Screening Court(Monitor prerequisites prior to Triage Court appearance)
Family Court Triage Docket Family Court Case Conference Family Court Trial Family Court OrderVary Family Court Order
(Custody/Access/Child Support Recalculation)
Ø How do I launch a court case on my own?Ø Do I require professional help?Ø How much will this cost?Ø How do I enforce child and/or spousal/common-law partner support?
Ø How do I launch a court case on my own?Ø Do I require professional help?Ø How much will this cost?Ø How do I enforce child and/or spousal/common-law partner support?
Ø How do I prepare for pre-triage court?Ø What can I expect?Ø What will it look like?Pre-Triage Screening Coordinator (judicial officer) oversees the court docket and monitors and reviews prerequisites with the parties to ensure they are met before a date is scheduled before a triage judge. Prerequisites include
(1) attempt alternate dispute resolution (four-way discussions; mediation, parent coaching)(2) attend For The Sake of the Children (if applicable), and (3) exchange and file financial information.
Ø What happens before a Master? (motions for COARS? Family Property Accounting?)Ø What is alternate dispute resolution? How much does it cost?Ø How do I prove that I attempted alternate dispute resolution?Ø What are the prerequisites for my case and how do I get them completed?
Ø How do I prepare for pre-triage court?Ø What can I expect?Ø What will it look like?Pre-Triage Screening Coordinator (judicial officer) oversees the court docket and monitors and reviews prerequisites with the parties to ensure they are met before a date is scheduled before a triage judge. Prerequisites include
(1) attempt alternate dispute resolution (four-way discussions; mediation, parent coaching)(2) attend For The Sake of the Children (if applicable), and (3) exchange and file financial information.
Ø What happens before a Master? (motions for COARS? Family Property Accounting?)Ø What is alternate dispute resolution? How much does it cost?Ø How do I prove that I attempted alternate dispute resolution?Ø What are the prerequisites for my case and how do I get them completed?
Ø How do I prepare for Triage Court?Ø What matters can be dealt with at Triage Court?Ø What decisions can I expect the judge to order?
Triage judge can deal with emergent circumstances, issue consent orders, attempt resolution or narrowing of contested issues, can set urgent motion date and/or first case conference date. In addition refer property reference to the Master.
Ø How do I prepare for Triage Court?Ø What matters can be dealt with at Triage Court?Ø What decisions can I expect the judge to order?
Triage judge can deal with emergent circumstances, issue consent orders, attempt resolution or narrowing of contested issues, can set urgent motion date and/or first case conference date. In addition refer property reference to the Master.
Ø How do I prepare for my first case conference?Ø How much will this cost?
Case Conference Judge primarily focuses on resolution of matter or narrowing of issues; if not resolved at first case conference, sets trial date and monitors trial readiness; sets and adjudicates interim motions.
Ø How do I prepare for my first case conference?Ø How much will this cost?
Case Conference Judge primarily focuses on resolution of matter or narrowing of issues; if not resolved at first case conference, sets trial date and monitors trial readiness; sets and adjudicates interim motions.
Ø Do I need a lawyer?Ø How do I prepare for my trial?Ø How much will the trial cost?
Trial judge adjudicates matter and makes final determination; issues final order
Ø Do I need a lawyer?Ø How do I prepare for my trial?Ø How much will the trial cost?
Trial judge adjudicates matter and makes final determination; issues final order
Ø Can I draft a family court order on my own?Ø How do I draft my family court order?Ø Where can I find Standard Clauses for Family Proceedings?
Party submits draft order that sets out the terms of relief, for example, parenting arrangements, child or spousal/common-law partner support, sale or occupation of the family home or division of family property for the judge’s review and final determination.
Ø Can I draft a family court order on my own?Ø How do I draft my family court order?Ø Where can I find Standard Clauses for Family Proceedings?
Party submits draft order that sets out the terms of relief, for example, parenting arrangements, child or spousal/common-law partner support, sale or occupation of the family home or division of family property for the judge’s review and final determination.
Ø Do I require professional help?Ø My circumstances have changed – can I change my court order or legal agreement? How do I
do this?Ø Is my case uncontested or contested?Ø My ex-partner has changed…..?
Party applies to vary a final court order due to change in circumstance(s), for example, child is now an adult; child no longer lives with parent, party becomes unemployed, new relationship status / relocation, income level changes.
Ø Do I require professional help?Ø My circumstances have changed – can I change my court order or legal agreement? How do I
do this?Ø Is my case uncontested or contested?Ø My ex-partner has changed…..?
Party applies to vary a final court order due to change in circumstance(s), for example, child is now an adult; child no longer lives with parent, party becomes unemployed, new relationship status / relocation, income level changes.
Challenge searching for online family resources. Information is not organized by stage and issue. Users must piece together information from a wide variety of sources that are difficult to navigate and do not return on straightforward web searches. You have to know where to look and learn the system in order to navigate it successfully.
NGOs and public service providers operate in the same sphere delivering similar information, resources and supports. Reduce repetitive and duplicative call centre and info desk functions of public and NGO providers to enable a shift to higher value activities.
There is no updated video How to apply for a Protection Order available. Update and reload to courts website.
Leverage Victim Services Fund to address urgent gaps in resources.
Leverage work already done by other P/Ts and sectors (eg. mobile and desktop navigation assistance).
To our knowledge a comprehensive client experience engagement has not taken place. Engage Manitobans to identify high and low priority needs. Shift resources from low value activities and supports to higher value ones to improve outcomes and find efficiencies.
Challenge searching for online family resources. Information is not organized by stage and issue. Users must piece together information from a wide variety of sources that are difficult to navigate and do not return on straightforward web searches. You have to know where to look and learn the system in order to navigate it successfully.
NGOs and public service providers operate in the same sphere delivering similar information, resources and supports. Reduce repetitive and duplicative call centre and info desk functions of public and NGO providers to enable a shift to higher value activities.
There is no updated video How to apply for a Protection Order available. Update and reload to courts website.
Leverage Victim Services Fund to address urgent gaps in resources.
Leverage work already done by other P/Ts and sectors (eg. mobile and desktop navigation assistance).
To our knowledge a comprehensive client experience engagement has not taken place. Engage Manitobans to identify high and low priority needs. Shift resources from low value activities and supports to higher value ones to improve outcomes and find efficiencies.
Court Orders for Your Protection (Community Legal Education Association)
Protection Orders
Manitoba Courts: Guide for Application to Set Aside/Vary/Revoke a Protection Order:
Manitoba Courts: How to Set Aside / Vary / Revoke a Protection Order
Evolve (Klinic)
Status of Women - Family Violence Prevention
Winnipeg Police Service / 911
Rainbow Resource Centre
Stop the Violence (GOM Fact Sheet)
Domestic Violence Leave Fact Sheet (MB Labour)
Domestic Violence Intimate Partner Abuse Winnipeg Police Pamphlet
Domestic Violence What is Abuse? (MB Association of Women’s Shelters)
CLEA’s Divorce Guide – Uncontested The cost is $30 and can be ordered online at Publication Store
Legal Requirements for Divorce
Divorce Sequence of Events – Sole Petitioner
Divorce Sequence of Events – Co-Petitioners
Manitoba Courts:How to fill out a a petition or petition for divorce
How to file an Uncontested Affidavit Divorce
Community Legal Education Association (CLEA)– public legal education and information programs; law phone-in & lawyer referral; free legal information over the phone, in appropriate circumstances referrals to lawyers (free half-hour consultation) and other agencies.
Family Mediation Services Winnipeg
Family Law in Manitoba (GOM)
When Things Don’t Work Out-Getting Separated or Divorced in MB (Live& Learn online community for new MB’s)
CLEA Self-Represented Litigant (SRL) Resources
LEGAL TIPS 2017 (Brochure)
Developing a Parenting Plan Justice Canada’s on-line publications dealing with parenting plans.
CLEA Family Law Fact Sheets (2016)
Child SupportCustody and access
Interim Relief – Motions
Separation & Divorce
Spousal SupportStarting Family Law Proceedings
A Guide to Enforcing Child Support, Spousal Support and Custody/Access Orders
MB Courts – Case Management of Family Matters (Winnipeg)
MB Courts – Case Management Practice Directives
Court of Queen’s Bench Rule 70 applies to all family proceedings. Rule 70 is a comprehensive and specialized rule that provides a roadmap for how family law cases are to be conducted, both under federal and provincial legislation. Rule 70 also includes the various forms required to commence and carry out a family court action.
Court of Queen’s Bench Rule 70 applies to all family proceedings. Rule 70 is a comprehensive and specialized rule that provides a roadmap for how family law cases are to be conducted, both under federal and provincial legislation. Rule 70 also includes the various forms required to commence and carry out a family court action.
Court Forms: Court of Queen’s Bench Forms
Community Legal Education Association (CLEA) public legal education and information programs; law phone-in & lawyer referral; free legal information over the phone, in appropriate circumstances referrals to lawyers (free half-hour consultation) and other agencies.
Legal Aid Manitoba – Family Matters
Family Mediation Services Winnipeg
Launch Family Court Case:Ø File and serve Petition/Petition for Divorce/Application to Vary Final OrderØ File and serve Financial documents if appl. Form 70DØ File and serve Affidavit if appl.Ø File urgent/without notice Notice of Motion (urgent relief application – custody/support)
Launch Enforcement action:Ø Submit Separation Agreement to Maintenance Enforcement Program for registration with
Court of Queen’s Bench (Family Division) for enforcement action** agreement must have “pay through MEP clause” to qualify/register with MEP
Gather documents: Marriage Certificate, Child(ren)’s Birth Certificate, Register CL?
Launch Family Court Case:Ø File and serve Petition/Petition for Divorce/Application to Vary Final OrderØ File and serve Financial documents if appl. Form 70DØ File and serve Affidavit if appl.Ø File urgent/without notice Notice of Motion (urgent relief application – custody/support)
Launch Enforcement action:Ø Submit Separation Agreement to Maintenance Enforcement Program for registration with
Court of Queen’s Bench (Family Division) for enforcement action** agreement must have “pay through MEP clause” to qualify/register with MEP
Gather documents: Marriage Certificate, Child(ren)’s Birth Certificate, Register CL?
Family Justice Resource Centre – How to end child support
How to Change or Vary Child Support in MB – prepared jointly by GOM and CLEA (writer)
Prior to obtaining a date to appear at Triage Court the parties must have taken all necessary and available steps to resolve. If resolution is not possible then the case must be readied. Parties must satisfy the Pre-triage Screening Coordinator that the pre-requisites have been met before a Triage Court date will be set.Actions:Ø Register and attend FTSOTC seminar; file Certificate of Attendance on QB family fileØ Attempt out of court family dispute resolution process, mediation, collaborative lawØ Exchange and file financial information with opposing party, if applicable
- Form 70D (Comparative Family Property Statement) Income Tax Returns, Employment Pay StubsØ Satisfy any conditions issued by the pre-triage courtØ Appear before a Master for Court-ordered Assessment Report (Family Conciliation)Parties must:Ø Certify pleadings are closedØ Certify pleadings are not closed and a hearing date is required due to urgent circumstancesØ Certify necessary documents have been filed:
- Certification of Completion of Prerequisites- Family Triage Court Brief;- Marriage Certificate; Birth Certificate(s); Affd. Of Service(s); - Certificate of Attendance at For the Sake of the Children program;- parenting plan; mediation report; assessment report; - financial statement(s); proof of income; Stmt of family assets/debts;
Prior to obtaining a date to appear at Triage Court the parties must have taken all necessary and available steps to resolve. If resolution is not possible then the case must be readied. Parties must satisfy the Pre-triage Screening Coordinator that the pre-requisites have been met before a Triage Court date will be set.Actions:Ø Register and attend FTSOTC seminar; file Certificate of Attendance on QB family fileØ Attempt out of court family dispute resolution process, mediation, collaborative lawØ Exchange and file financial information with opposing party, if applicable
- Form 70D (Comparative Family Property Statement) Income Tax Returns, Employment Pay StubsØ Satisfy any conditions issued by the pre-triage courtØ Appear before a Master for Court-ordered Assessment Report (Family Conciliation)Parties must:Ø Certify pleadings are closedØ Certify pleadings are not closed and a hearing date is required due to urgent circumstancesØ Certify necessary documents have been filed:
- Certification of Completion of Prerequisites- Family Triage Court Brief;- Marriage Certificate; Birth Certificate(s); Affd. Of Service(s); - Certificate of Attendance at For the Sake of the Children program;- parenting plan; mediation report; assessment report; - financial statement(s); proof of income; Stmt of family assets/debts;
Ø File and serve Case Management Information StatementØ File and serve Trial Readiness Certification (new form)Ø File Trial RecordØ Submit draft interim court order (for interim motion relief, if applicable)Ø Submit draft Summary Judgment(?)
Ø File and serve Case Management Information StatementØ File and serve Trial Readiness Certification (new form)Ø File Trial RecordØ Submit draft interim court order (for interim motion relief, if applicable)Ø Submit draft Summary Judgment(?)
Parties may:Ø Request Summary Judgment
File and Serve Notice of Motion (Summary Judgment)File and serve all affidavits in support of motionFile affidavit of service of motion
Ø Appeal Master’s OrderØ File and serve Notice of Motion (emergent circumstance)
File and serve all affidavits in support of motionFile affidavit of service of motion
Parties may:Ø Request Summary Judgment
File and Serve Notice of Motion (Summary Judgment)File and serve all affidavits in support of motionFile affidavit of service of motion
Ø Appeal Master’s OrderØ File and serve Notice of Motion (emergent circumstance)
File and serve all affidavits in support of motionFile affidavit of service of motion
Family Justice Resource Centre (FJRC) located at Counter 100A at the Winnipeg Law Courts Complex, 408 York Avenue, now has an email inquiry at: [email protected] . This is in addition to being able to address family justice inquiries in person as well as by telephone of 204-945-2313 and Toll Free at 1-844-808-2313.
MB Courts – Standard Clauses for Family Court Proceedings
Ø Draft and submit family court orderØ
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Ø Draft and submit family court orderØ
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Delays in obtaining a first case conference date have left some families in distress. Inconsistent case conference processes have resulted in family cases with “no end in sight” An ad hoc system of “urgent motions” has created uncertainty. Self represented litigants cannot easily navigate the court system. The expense of protracted proceedings has a created a barrier to justice for many families.
The SCC has determined that there needs to be a culture shift. The Chief QB Justice has indicated that new processes must be “proportionate, timely and affordable” and lead to a fair result.
QB Chief Justice has initiated a new Scheduling and Case Flow Management Model. Consultations with the Family Bar and MB Justice are underway. Changes will commence this fall and will be fully implemented and published in the 2019 rotas.
These changes work to ensure that all reasonable efforts are made to resolve and/or dispose of those family disputes that can be resolved and disposed and soon as possible without the delays, complexity and costs.
Shortage of low cost/free legal services; Law Society could provide leadership: eg. Regulation of paralegals, unbundling, adding collaborative law to roster; expand CLEA’s law at the library free seminars.
No navigation assistance.
Delays in obtaining a first case conference date have left some families in distress. Inconsistent case conference processes have resulted in family cases with “no end in sight” An ad hoc system of “urgent motions” has created uncertainty. Self represented litigants cannot easily navigate the court system. The expense of protracted proceedings has a created a barrier to justice for many families.
The SCC has determined that there needs to be a culture shift. The Chief QB Justice has indicated that new processes must be “proportionate, timely and affordable” and lead to a fair result.
QB Chief Justice has initiated a new Scheduling and Case Flow Management Model. Consultations with the Family Bar and MB Justice are underway. Changes will commence this fall and will be fully implemented and published in the 2019 rotas.
These changes work to ensure that all reasonable efforts are made to resolve and/or dispose of those family disputes that can be resolved and disposed and soon as possible without the delays, complexity and costs.
Shortage of low cost/free legal services; Law Society could provide leadership: eg. Regulation of paralegals, unbundling, adding collaborative law to roster; expand CLEA’s law at the library free seminars.
No navigation assistance.
Public support is prioritized for couples with children.
Vacancies exist that some argue negatively impact service provision. Alternate service delivery has not been sufficiently explored to warrant further investment.
In order to service additional clients incremental new resources would be required unless opportunities to streamline and partner are fully exhausted.
Public mediation is prioritized for families with child(ren); a service gap exists for seniors and couples without child(ren).
Long wait times exists for free service.
Further partnerships with colleges and universities re: work experience/practicums (social work, legal, mediation, financial advice) could be explored to enhance capacity.
Difficult to find practical tools used in negotiation (assessments / mediation checklists for parents, etc.)
Need for people to be well and fully informed to be ready to negotiate
Public support is prioritized for couples with children.
Vacancies exist that some argue negatively impact service provision. Alternate service delivery has not been sufficiently explored to warrant further investment.
In order to service additional clients incremental new resources would be required unless opportunities to streamline and partner are fully exhausted.
Public mediation is prioritized for families with child(ren); a service gap exists for seniors and couples without child(ren).
Long wait times exists for free service.
Further partnerships with colleges and universities re: work experience/practicums (social work, legal, mediation, financial advice) could be explored to enhance capacity.
Difficult to find practical tools used in negotiation (assessments / mediation checklists for parents, etc.)
Need for people to be well and fully informed to be ready to negotiate
Government currently provides a child support recalculation service. Client service would be significantly improved through a child support calculation service.
The Family Law Access Centre Program is not accepting applications due to the program being at capacity.
Government currently provides a child support recalculation service. Client service would be significantly improved through a child support calculation service.
The Family Law Access Centre Program is not accepting applications due to the program being at capacity.
MB Courts – Child Support Recalculation Service recalculates certain child support orders at regular intervals, based on updated income information.
Federal Child Support Guidelines, Tables and Income Calculator
CLEA’s How to Conduct Yourself in Court: http://www.communitylegal.mb.ca/unrepresented-litigants/resources/
Manitoba Courts:What to Expect When Attending Court: http://www.manitobacourts.mb.ca/video-library/#Attending_Court
Court of Queen’s Bench - Family Division FAQ’s
MB Justice - Guide to Changing Child Support Orders
Manitoba Courts:Variation of a Child Support Order http://www.manitobacourts.mb.ca/video-library/#VaryCS
Suspending a Child Support Order http://www.manitobacourts.mb.ca/video-library/#SuspendCS
Return to:
Assessing What Decisions I Need to Make /
Preliminary Work
Ø Prepare witnesses, if applicable (?)Ø
Ø Prepare witnesses, if applicable (?)Ø
Court of Queen’s Bench – Family Law Info
Manitoba Courts: How to fill out a Petition or Petition for Divorce
How to file an Uncontested Affidavit Divorce
Enforcement
Ø How do I enforce my court order or legal agreement?Ø Do I have to be registered with Maintenance Enforcement Program?
Maintenance Enforcement Program’s Designated Officer is authorized by The Family Maintenance Act to administer the spousal and child support obligations under the terms of a Court Order or Agreement.
Ø How do I enforce my court order or legal agreement?Ø Do I have to be registered with Maintenance Enforcement Program?
Maintenance Enforcement Program’s Designated Officer is authorized by The Family Maintenance Act to administer the spousal and child support obligations under the terms of a Court Order or Agreement.
Province of Manitoba Victim’s Services
Legal Aid Manitoba
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. Drop-in clinic on Tuesdays or Thursdays from 1:00pm-4:30pm
Family Justice Resource Centre (FJRC) - service referral, free information about Protection Orders and other family law matters, draft court orders. Counter 100A at the Winnipeg Law Courts Complex, 408 York Avenue, [email protected] 204-945-2313, Toll Free at 1-844-808-2313.
Community Legal Education Association (CLEA) – public legal education and information programs; law phone-in & lawyer referral; free legal information over the phone, in appropriate circumstances referrals to lawyers (free half-hour consultation)
Family Law in Manitoba (GOM)
Winnipeg Regional Health Authority Abuse and Domestic Violence Resources
Community Resource Guide (Opportunities For Employment)
Family Conciliation Services: publically funded no cost conflict resolution services at the request of the court or directly.
Legal Aid Manitoba
Family Justice Resource Centre (FJRC) - service referral, free information about Protection Orders and other family law matters, draft court orders. Counter 100A at the Winnipeg Law Courts Complex, 408 York Avenue, [email protected] 204-945-2313, Toll Free at 1-844-808-2313.
Parent Zone: Ask an Expert Healthy Child Manitoba
Justice Family Law Public Enquiries [email protected]
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. Drop-in clinic on Tuesdays or Thursdays from 1:00pm-4:30pm
Community Legal Education Association (CLEA) – public legal education and information programs; law phone-in & lawyer referral; free legal information over the phone, in appropriate circumstances referrals to lawyers (free half-hour consultation) and other agencies.
Manitoba Laws and Regulations
Commonly Used Court Forms
Court Filing Fees
Legal Aid’s Collaborative Family Law - where both parties qualify for Legal Aid, each party is referred to one of two specialized Legal Aid offices where they receive collaborative family law support. If only one party qualifies for LA-they can use the process if both agree.
Legal Aid Manitoba – Application Centre
For the Sake of the Children (FTSOTC)- Parent Information Program: Attendance is mandatory for MB’s requesting or responding to requests for interim or final court orders for child custody, access or private guardianship.
Family Conciliation Information and Referral Service-needs assessment to determine if appropriate service can best be provided by Family Conciliation, lawyers or the court or through agencies in the community.
Legal Considerations (FTSOTC): information about legal and financial issues when parents separate or divorce.
Family Conciliation – Mediation: publically funded alternative to traditional court action for parents who are willing to meet and work together with an impartial, trained mediator to make decisions about the ongoing needs of their children after separation. Parents can also mediate all of their financial issues such as child support, spousal support and division of marital property.
The latter service is called Comprehensive Co-Mediation – lawyer mediator and family relations mediator help parents resolve their issues as an alternative to court for separating or divorcing couples where minor children are involved. Legal information is given but no legal advice or other advice is provided. Individuals can apply directly or the court, their lawyer or another agency may refer. Participants must attend For the Sake of the Children parent info program before going to mediation.
Conciliation Counselling is short term counselling provided to individuals, couple or families in the process of separation or divorce. It is not marriage or couple counselling and is focused on short term problem solving and provision of support and information.
Family Conciliation - Support and Education Programs for Children and Teens:
Ø
Ø Just for Teens is an info seminar Caught in the Middle Program for Children
Grandparent and Family Access
Guide for Grandparents and Extended Family Members Applying for Access (CLEA-writer)
Family Orders and Agreements Enforcement Assistance Act (FOAEA) Federal Support Deduction Notices – attachment of Income Tax, GST, Employment Insurance, CPP and OAS
Inter-jurisdictional Support Orders Act-services to facilitate applications to establish or vary child and/or spousal support when one party lives in MB and the other lives in another province/territory or in a foreign reciprocating jurisdiction.
Interjurisdictional Support Resources if you have questions about making an application for support or applying to change a support order and either you or the other party live in Manitoba and the other party lives outside Manitoba, you may send an email enquiry to: [email protected]
Community Legal Education Association (CLEA) – FAQs, select a category
Child Support in Manitoba
Custody and Access in Manitoba
Separation and Divorce in Manitoba
Grandparents’ Rights in Manitoba
Starting Family Law Court Proceedings in MB
Motions in Family Court in Manitoba
Division of Family Property in MB
Spousal Support in Manitoba
Family Law for Children (2012 Booklet)
Name and Change of Names in Manitoba
Annulment in Manitoba
Untie the Knot (NON-LOCAL) Undo (NON-LOCAL)Healthy Separation and Divorce (LOCAL- MB Family Lawyer)
Significant public, private and community entity overlap (e.g. info provision, navigation, professional services). Alternate business models should leverage what exists, eliminate duplication and close gaps.
Clients have to “learn” the system in order to move through it. Service should self direct/navigate.
It is difficult to gather financial information. No format/template to support decision-making.
Support exists to (re)calculate child support but not spousal support.
Conflict may continue to be fueled by a lack of understanding of rights and obligations. Earlier education and awareness may reduce family conflict.
Family Justice Resource Centre ability to service clients is limited (i.e. staffed by one person who has other responsibilities).
The Family Law Access Centre Program is not accepting applications due to the program being at capacity.
Use of modern technology to support self service and navigation and referral and appointment setting appears to be lacking within the public service.
Use of applications, Artificial Intelligence (AI), chatbots has expanded in the legal, family law and justice spheres. Explore opportunities to leverage technology to improve service and client reach, reduce wait times, create efficiencies etc.
Support ongoing safe contact with child(ren).
Gather and exchange financial information such as:Ø Income tax returns for each of the three most recent tax years – Canada Revenue Agency log in services
Ø notices of assessment and reassessment from the Canada Revenue Agency for each of the three most recent tax years;
Ø the most recent statement of earnings or pay slip showing year to date earnings, or a letter from my employer stating my salary or wages;
Ø financial statements if I am self-employed or control a corporation;
Ø information on income received from employment insurance, workers’ compensation, disability payments, and social or public assistance.
Public services as currently delivered have capacity constraints, are resource intensive and costly.
A discreet role for the public sector has not been defined; duplication and overlap with other sectors exists. Identify and link an improved continuum of resources and services.
Mid to higher income clients are paying professionals for service. Low to mid income clients are going without or investing more time to navigate and self represent. A gap exists between Legal Aid qualifiers and those that can afford to pay. Province currently lacks capacity to ensure equitable access to basic service. This can result in spouses and children not accessing resources to which they are entitled and potentially not meeting their basic needs.
The Family Law Access Centre Program is not accepting applications due to the program being at capacity.
Justice Canada’s income / child support calculator not easily understood by the public (Family Conciliation practitioner)
CRA Information difficult to understand – develop financial tool that integrates information
Child Support Guidelines – lack of understanding as to who or what can be claimed (child tax benefit/support) on personal income tax return. CRA increasing audits for separated/divorced parents (quote from Family law lawyer)
Maintenance Enforcement Program - authorized by The Family Maintenance Act to administer the spousal and child support obligations under the terms of a Court Order or Agreement.
Child Support Recalculation Service recalculates certain child support orders at regular intervals, based on updated income information.
High-conflict Separation and Divorce: Options for Consideration (Justice Canada)
Parenting Arrangements After Separation and Divorce (Justice Canada)
For each party and in the best interest of any child(ren), identify:
Ø individual positions and supporting documentation.
Ø issues that you are in agreement?
Ø issues that likely can be resolved on your own?
Ø issues that cannot be resolved without negotiation / professional assistance?
Ø If necessary, private assessor/forensic accountant
Getting Separated or Divorced – Dividing your finances (Justice Canada)
Ø Current statements for loans; bills and receipts related to your family expenses; investment statements
Ø List of assets you own as a couple and as an individual
Ø List of debts you owe as a couple and as an individual
Ø Gather information regarding alternative dispute resolution
Ø Arrange valuation of family property/assets
Private Mediator
Private Collaborative Family Law Lawyer
Marriage and Family Therapist / Mental Health Practitioner
Family Coach
Financial Advisor
Form 70A – Petition for Divorce
Form 70B – Petition
Form 70E – Notice of Application
Form 70F – Notice of Application for Guardianship
Form 70D – Financial Statement
Family Justice Resource Centre (FJRC) - service referral, free information about Protection Orders and other family law matters, draft court orders. Counter 100A at the Winnipeg Law Courts Complex, 408 York Avenue, [email protected] 204-945-2313, Toll Free at 1-844-808-2313.
Family Justice Resource Centre (FJRC) - service referral, free information about Protection Orders and other family law matters, draft court orders. Counter 100A at the Winnipeg Law Courts Complex, 408 York Avenue, [email protected] 204-945-2313, Toll Free at 1-844-808-2313.
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. Drop-in clinic on Tuesdays or Thursdays from 1:00pm-4:30pm
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. Drop-in clinic on Tuesdays or Thursdays from 1:00pm-4:30pm
Legal Aid Manitoba – Application Centre
Family Law Access Centre - The Family Law Access Centre (FLAC) is a pilot project offered by the Law Society of Manitoba to assist middle income families afford legal services with respect to family law matters.
Form 70D.1 – Demand for Financial Information
Form 70E.1 – Notice of Application for Exclusive Occupation Order (on Reserve)
Form 70E.2 – Affidavit for Exclusive Occupation Order (on Reserve)
Form 70G – Notice of Application to Vary
Form 70H – Notice of Motion to VaryForm 70I – Affidavit of ServiceForm 70M – Affidavit of Petitioner’s EvidenceForm 70Q – Notice of Motion
Court Forms:Form 70S - Case Management Information Statement
Court Forms:Summary of Assets and Liabilities (Property Accounting)
Form 70W – Enforcement InformationForm 70X – Enforcement Opt-out
Form 70AA - Notice of Change of Name
Form 70D.2 - Requisition for Case Conference Date
Form 70T – Request for Adjournment (Case Conference)
Form 70R – Motion Brief
Court Forms:Form ?? – Certification of Completition of Prerequisites and Request to Obtain Date for Appearance in Family Triage Court
Form ?? – Family Triage Court BriefForm ?? – Trial Readiness Certification
Court of Queen’s Bench – Courthouse Locations and Hours Court of Queen’s Bench – Pre-Triage Screening CoordinatorCourt of Queen’s Bench – Family Division Case Conference/Motions Coordinator Court of Queen’s Bench – Family Division Motions/Trial Coordinator
Court Forms: Court of Queen’s Bench Forms
Form 70D – Financial Statement
Form 70D.1 – Demand for Financial Information
Form 70G – Notice of Application to Vary
Form 70H – Notice of Motion to Vary
Form 70I – Affidavit of Service
Form 70W – Enforcement Information
Form 70X – Enforcement Opt-out
Form 70AA - Notice of Change of Name
Form R – Motion Brief
Family Justice Resource Centre – How to end child support
Legal Aid Manitoba – Family Matters
Legal Aid Manitoba – Application Centre
Legal Aid – Family Law Access Centre - The Family Law Access Centre (FLAC) is a pilot project offered by the Law Society of Manitoba to assist middle income families afford legal services with respect to family law matters.
Court of Queen’s Bench – Courthouse Locations and Hours
Legal Counsel – Legal Aid
Masters of the Court of Queen’s Bench – deal with Family Property Act references when referred by a judge
Family Conciliation/First Choice Services –assessment, mediation and settlement conferencing by a counselling team to help resolve custody/access issues as an alternative to a court-ordered assessment. Available to parents, grandparents and other extended family members upon referral from the court.
Manitoba Courts Video Library
Court of Queen’s Bench – Family Division Triage Judge
Court of Queen’s Bench Rule 70 applies to all family proceedings. Rule 70 is a comprehensive and specialized rule that provides a roadmap for how family law cases are to be conducted, both under federal and provincial legislation. Rule 70 also includes the various forms required to commence and carry out a family court action.
Court of Queen’s Bench Rule 70 applies to all family proceedings. Rule 70 is a comprehensive and specialized rule that provides a roadmap for how family law cases are to be conducted, both under federal and provincial legislation. Rule 70 also includes the various forms required to commence and carry out a family court action.
Court of Queen’s Bench – Courthouse Locations and Hours
Legal Counsel – Legal Aid
Legal Counsel – Legal Aid
Court of Queen’s Bench – Family Division Case Conference JudgeCourt of Queen’s Bench – Family Division Trial Coordinator
Legal Counsel – Legal Aid
Court of Queen’s Bench – Family Division Trial Judge
Interjurisdictional Support Order Resources if you have questions about making an application for support or applying to change a support order and either you or the other party live in Manitoba and the other party lives outside Manitoba, you may send an email enquiry to: [email protected]
Family Orders and Agreements Enforcement Assistance Act (FOAEA) Federal Support Deduction Notices – attachment of Income Tax, GST, Employment Insurance, CPP and OAS
Provides for the release of information that may assist in locating persons in default and other persons and to permit, for the enforcement of support orders and support provisions, the garnishment and attachment of certain moneys payable by Her Majesty in right of Canada
CLEA’s How to Conduct Yourself in Court: http://www.communitylegal.mb.ca/unrepresented-litigants/resources/
CLEA’s How to Conduct Yourself in Court: http://www.communitylegal.mb.ca/unrepresented-litigants/resources/
Manitoba Courts:What to Expect When Attending Court: http://www.manitobacourts.mb.ca/video-library/#Attending_Court
Manitoba Courts:What to Expect When Attending Court: http://www.manitobacourts.mb.ca/video-library/#Attending_Court
Court of Queen’s Bench - Family Division FAQ’s Court of Queen’s Bench - Family Division FAQ’s
Court of Queen’s Bench – Family Law Info
Manitoba Courts Video Library
CLEA’s How to Conduct Yourself in Court: http://www.communitylegal.mb.ca/unrepresented-litigants/resources/
CLEA’s How to Conduct Yourself in Court: http://www.communitylegal.mb.ca/unrepresented-litigants/resources/
Manitoba Courts:What to Expect When Attending Court: http://www.manitobacourts.mb.ca/video-library/#Attending_Court
Manitoba Courts:What to Expect When Attending Court: http://www.manitobacourts.mb.ca/video-library/#Attending_Court
Court of Queen’s Bench - Family Division FAQ’s Court of Queen’s Bench - Family Division FAQ’s
Court of Queen’s Bench – Family Law Info
Manitoba Courts Video Library
How to Conduct Yourself in Court: http://www.communitylegal.mb.ca/unrepresented-litigants/resources/
How to Conduct Yourself in Court: http://www.communitylegal.mb.ca/unrepresented-litigants/resources/
Manitoba Courts:What to Expect When Attending Court: http://www.manitobacourts.mb.ca/video-library/#Attending_Court
Manitoba Courts:What to Expect When Attending Court: http://www.manitobacourts.mb.ca/video-library/#Attending_Court
Court of Queen’s Bench - Family Division FAQ’s Court of Queen’s Bench - Family Division FAQ’s
Court of Queen’s Bench – Family Law Info
Manitoba Courts Video Library
Form ?? – Family Property Accounting (without prejudice)
CLEA’s Enforcing Family Law Court Orders (2016)Guide on Enforcement of Court Orders in ManitobaCLEA’s Enforcing Family Law Court Orders (2016)Guide on Enforcement of Court Orders in Manitoba
Maintenance Enforcement Program – Fact Sheets
Maintenance Enforcement Program – Fact Sheets
Maintenance Enforcement Program – Contact Information / Communicating with the Program
Bank(s) – Account Manager / Financial Investment Co. / Financial Accountant
Marriage and Family Therapist / Mental Health Practitioner
Real Estate agent / property appraiserImmigrant and Refugee Community Organization of Manitoba (IRCOM)
Federal Child Support Tables 2017 (Justice Canada)
Spousal Support Guidelines (Justice Canada)
Seek emergency relief: Ø Courts – Family Justice Resource Centre (protection order information)Ø Victim Services / Protection Order Designates - protection planning/assistanceØ NGOs (Klinic, etc.)Ø Shelters
Seniors and Healthy Aging Secretariat
A Guide to Enforcing Child Support, Spousal Support and Custody/Access Orders (CLEA 2016)
Legal Guide for Seniors (GOM) – publication prepared jointly by GOM and CLEA (writer)
Interjurisdictional Support Order Resources if you have questions about making an application for support or applying to change a support order and either you or the other party live in Manitoba and the other party lives outside Manitoba, you may send an email enquiry to: [email protected]
Family Conciliation/Brief Consultation Services –assessment, mediation and settlement conferencing by a counselling team to help resolve custody/access issues as an alternative to a court-ordered assessment. Available to parents, grandparents and other extended family members upon referral from the court.
Private Family Law Lawyer
Majority of Manitobans must choose between expensive legal representation and private services or self-representation and long waits. Private companies have been and are continuing to fill the access gap. A Manitoba firm is developing tech tools to facilitate low cost service for contested & uncontested.
Family Mediation Services WinnipegFamily Mediation Services WinnipegPrivate Family Law Lawyer
Private Family Law Lawyer
CLEA Family Law Videos
Family Conciliation Services: publically funded no cost conflict resolution services at the request of the court or directly.
Private Family Law Lawyer Private Family Law Lawyer
Law Enforcement (Police)
Private Family Law Lawyer
Law Enforcement (Police)Private Family Law Lawyer
Private Family Law Lawyer
Because Life Goes on….Helping Children and Youth Live with Separation and Divorce (Justice Canada)
Canada Child Tax Benefit Eligibility
Form 70W – Enforcement Information
Ø Complete Form 70W Ø Submit completed Form 70W along with court order / legal agreement to Maintenance
Enforcement ProgramØ
Ø Complete Form 70W Ø Submit completed Form 70W along with court order / legal agreement to Maintenance
Enforcement ProgramØ
Form 4D - AffidavitForm 4D - Affidavit
The Family Maintenance Act - Part VI Enforcement of Maintenance Orders
online video Publication/reference Face-to-face barrier
Family Conciliation Services: publically funded no cost conflict resolution services at the request of the court or directly.
Manitoba’s Family Justice site
Guide to Changing Child Support Orders (GOM)
Family Mediation Services Winnipeg Collaborative Practices Manitoba
Domestic Violence – Protection and Prevention Orders (GOM)
Important Information on How to Keep Safe (Fact Sheet)
Legal Options for Protection Against Domestic Violence and Stalking (Fact Sheet)
Court Orders of Protection (Fact Sheet)
Application for a Protection Order (Form Package)
Application for a Protection Order (on behalf of) (Form Package)
Justice Family Law Public Enquiries [email protected]
Employment and Income Assistance (GOM)
Wolseley’s Family Place Marriage and Family Therapist / Mental Health Practitioner
Clergy / Family & Friends
Canada Revenue Agency - Call Centre
Manitoba Courts site Family Justice Services site (Canada)
Child Support - Income Calculator (Justice Canada)
Mediate B.C. (assessment tools etc.)
Google search for potential assessment tools from other jurisdictions (US, UK, Alberta, BC)
Maintenance Enforcement Program – Contact Information / Communicating with the Program
Ø Identify what is in the best interest of my child
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. Drop-in clinic on Tuesdays or Thursdays from 1:00pm-4:30pm **Legal Help Centre staff currently attend Tuesday’s Uncontested Family List as potential resource for unrepresented parties. List is overseen by FD Motion Coordinator, Angie Tkachuk.
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. Drop-in clinic on Tuesdays or Thursdays from 1:00pm-4:30pm **Legal Help Centre staff currently attend Tuesday’s Uncontested Family List as potential resource for unrepresented parties. List is overseen by FD Motion Coordinator, Angie Tkachuk.
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. ** Offer seminars on how to prepare for case management conference (suspended pending implementation of Courts’ new FD scheduling model in January 2019)
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. ** Offer seminars on how to prepare for case management conference (suspended pending implementation of Courts’ new FD scheduling model in January 2019)
Maintenance Enforcement Program site (Manitoba Justice)
Interjurisdictional Support Order Resources if you have questions about making an application for support or applying to change a support order and either you or the other party live in Manitoba and the other party lives outside Manitoba, you may send an email enquiry to: [email protected]
Collaborative Practices Manitoba Collaborative Practices Manitoba
Collaborative Practices Manitoba
Domestic Violence – Protection and Prevention Orders (GOM)
Community Legal Education Association (CLEA) public legal education and information programs; law phone-in & lawyer referral; free legal information over the phone, in appropriate circumstances referrals to lawyers (free half-hour consultation) and other agencies.
Legal Help Centre: provides referrals, legal help, education, and information to individuals whose household income is under $50.0K. Drop-in clinic on Tuesdays or Thursdays from 1:00pm-4:30pm
Fairway Divorce (Manitoba) Fairway Divorce (Manitoba)
Mental Health Practitioner
Parenting Plan Checklist (Justice Canada)
Separation and Divorce – Where to start (Justice Canada)
Parenting Plan Tool (Justice Canada)
Practice Directives (MB Courts)
The Manitoba Evidence Act
Canadian Legal Information Institute (CANLII)
Form 70X – Enforcement Opt-out
Private Family Law Lawyer (only option if enforcement includes custody/access)
Law Enforcement (Police)
CLEA – Families Change-Guide to separation and divorce
BC Legal Services Guided Pathyways (NON-LOCAL)
DV Checklists:Walking the Path Together Tools – Danger Assessment PhII Reduced.pdf
Risk Assessment Form – April 2007
ODARA Risk Assessment
CBA Family Law Section and the Federal Provincial Territorial Ad Hoc Working Group on Family Violence – Family Violence Screening
Family Conciliation – Family Violence Screening Tool (adapted from the Tolman Screening Method
Prov of MB – Families / Family Conciliation
Men’s Resource Centre MB Assoc. of Women’s Shelters NorWest Coop- A Woman’s Place
Manitoba Centre for Families in Transition
Ma Mawi Wi Chi Itata Centre
Winnipeg Children’s Access Agency
Alberta Divorce Finances (NON-LOCAL tax/financial specialist)
Family Conciliation Services: publically funded no cost conflict resolution services at the request of the court or directly.
Winnipeg Credit CounsellingWinnipeg Credit Counselling
ON Joint Divorce Tool (NON-LOCAL)
ON Separation Agreement Tool (NON-LOCAL)
For the Sake of the Children – Part A Booklet (pgs 13-50) (Child(ren)’s needs, effects of conflict on child(ren), Parenting Plan Checklist)
Comparative Family Property Statement (01Feb2019) (QB Court Form effective 01Feb2019)
For the Sake of the Children – Part A Booklet (pgs 13-50) (Child(ren)’s needs, effects of conflict on child(ren), Parenting Plan Checklist)
Comprehensive Co-Mediation Fact Sheet (Family Conciliation)
Parent Considerations for Mediation (Comprehensive Co-Mediation Jan2012)
Parent Considerations for Mediation (Comprehensive Co-Mediation Jan2012)
Mediation Parenting Agreement (Family Conciliation Aug2013)
Memorandum of Agreement (Comprehensive Co-Mediation Feb2015)
Family Conciliation/Court-ordered Assessment – when separating parents are unable to agree on decisions about their children, the court may direct an assessment of the family situation to help determine what is in the best interests of the children.
Our Family Wizard (co-parenting) (NON-LOCAL)
Other CLEA Publications