Newfoundland and Labrador Gazette, Part I — 3 June 2022 — Mineral Act Notice; Lands Act Notice

NLG 2022-06-03

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY V ol. 97 ST. JOHN’S, FRIDAY , JUNE 3, 2022 No. 22 183 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, RSNL1990 cM-12 as amended.

Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 20199M held by Laracy, Patrick J. on map sheet 12H/16 Mineral License 23955M held by Guinchard, Wayde on map sheet 12A/15 Mineral License 24956M held by Fraser, Dean on map sheet 12H/09 Mineral License 24957M held by Fraser, Dean on map sheet 12H/09 Mineral License 24958M held by Fraser, Dean on map sheet 12H/09 Mineral License 25009M held by Altius Resources Inc. on map sheet 12A/10 Mineral License 25354M held by Guinchard, Wayde on map sheet 02E/01 Mineral License 25787M held by Saunders, Edmund on map sheet 13N/09, 13N/16 Mineral License 26284M held by RJK Explorations Ltd. on map sheet 02D/14 Mineral License 26286M held by RJK Explorations Ltd. on map sheet 02D/13, 02D/14 Mineral License 26294M held by RJK Explorations Ltd. on map sheet 02D/13, 02D/14 Mineral License 26316M held by Kalt, Ryan on map sheet 02D/13, 02D/14 Mineral License 26325M held by Kalt, Ryan on map sheet 02D/14

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 3, 2022 184 Mineral License 26360M held by Delaney, Paul on map sheet 02D/14 Mineral License 26378M held by True Grit Resources Ltd. on map sheet 02D/14 Mineral License 26393M held by Specogna, Marino on map sheet 02D/14 Mineral License 26454M held by Kalt, Ryan on map sheet 02D/14 Mineral License 26658M held by Unity Resources Inc. on map sheet 13H/01 Mineral License 26783M held by Keats, Kevin D. on map sheet 02D/16 Mineral License 26899M held by Edmunds, Ricky on map sheet 13N/06 Mineral License 27085M held by Fraser, Dylan on map sheet 01M/10 Mineral License 27213M held by Rambler Metals and Mining Canada Limited on map sheet 12I/01 Mineral License 30876M held by Brushett, Jeffery on map sheet 01M/03 Mineral License 31234M held by Transition Metals Corp. on map sheet 01M/16 Mineral License 31853M held by Cramm, David on map sheet 02E/04 Mineral License 33275M held by LeGrow, Nicholas on map sheet 12H/16 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/2000, 36/2001, 31/2004, 78/2006, 8/2008, 28/2009, 5/2013 and 3/2017 and outlined on 1:50 000 scale digital maps maintained by the Department of Industry, Energy and Technology, will be open for staking after the hour of 9:00 a.m. on the 32nd clear day after the date of this publication.

DEPARTMENT OF INDUSTRY , ENERGY AND TECHNOLOGY Trinia Adams, Mineral Claims Recorder June 3 LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

b) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Churchill River- Happy Valley-Goose Bay, for the purpose of a recreational structure-public recreation. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: https://www.gov.nl.ca/ffa/ lands/sec7notifications/. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries, Forestry and Agriculture website, Crown Lands, https:// www.gov.nl.ca/ffa/lands/, to the Minister of Department of Fisheries, Forestry and Agriculture by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) June 3

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 3, 2022 185 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of DARAL JANE MURPHY, Late of St. John’s, in the Province of Newfoundland and Labrador, Deceased. All persons claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by full or half blood, legal adoption or marriage) upon or affecting, the Estate of DARAL JANE MURPHY , Gentlewoman, who died at St.

John’s, NL on or about 30th day of November, 2021, are hereby requested to send particulars thereof in writing, duly attested, to: Office of the Public Trustee, Viking Building, Suite 401-136 Crosbie Road, St. John’s, NL A1B 3K3. Particulars will be received by the Public Trustee, as Administrator of the Estate of Daral Jane Murphy, on or before 4 th, of July, 2022, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at the City of St.

John’s, in the Province of Newfoundland and Labrador, this 3rd day of June, 2022. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of DARAL JANE MURPHY ADDRESS FOR SERVICE: Viking Building Suite 401 - 136 Crosbie Road St. John’s, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 June 3

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT V ol. 97 ST. JOHN’S, FRIDAY , JUNE 3, 2022 No. 22 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 33/22 NLR 34/22

215 The Newfoundland and Labrador Gazette June 3, 2022 NEWFOUNDLAND AND LABRADOR REGULATION 33/22 Rules of Supreme Court, 1986 (Amendment) under the Judicature Act (Filed June 2, 2022) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Supreme Court make the following Rules. Dated at St. John’s, May 31, 2022. Raymond P. Whalen Chairperson, Rules Committee RULES Analysis 1. Rule 4.02 Amdt. Documents requirements as amended 2. Rule 18A.03 Amdt. Case management orders 3. Rule 29.08 Amdt. Filing of documents for use of the court 4. Rule 39A.03 Amdt. Documents to be filed before pre-trial conferences 5. Rule 39A.06 R&S Not precluded from being trial judge 6. Rule 39B.03 Amdt. Documents to be filed before settlement conferences 7. Rule 40.10 R&S Brief for trial judge 8.

Rule 49.12 R&S Appeals from orders 9. Rule 55.17 Amdt. Contingent fee agreement must be in writing 10. Rule F4.02 Amdt. Starting a proceeding 11. Rule F4.07 Amdt. Information which must be

216 The Newfoundland and Labrador Gazette June 3, 2022 Rules of Supreme Court, 1986 (Amendment) 33/22 included in the Originating application 12. Rule F5.04 Amdt. Applying to vary a final order 13. Rule F5.05 Amdt. How to apply to vary a final order (where one or more claims in dispute) 14. F6.06 Amdt. How to apply to vary a final order (where relief claimed is not in dispute) 15. F16.02 Amdt. Where an interim application without notice for a procedural order may be made 16. F18.08 Amdt. What a judge can do at an interim hearing 17. Rule 25A added Rule F25A Discontinuance and Withdrawal 18. Forms Amdt. 19.

Commencement 1. Rule 4.02(1) of the Rules of Supreme Court, 1986 is amended by deleting the word "and" at the end of rule 4.02(1)(b), deleting the period at the end of rule 4 .02(1)(

c) and substituting a semi - colon and the word "and" and adding immediately after rule 4.02(1)(

c) the following: (

d) all original signatures on the document shall be in blue ink. 2. Rule 18A.03(3) of the rules is amended by deleting the words "after hearing from the parties". 3.

(1) Rules 29.08(1)(

b) of the rules is repealed and the following substituted: (

b) one original and one copy of a memorandum listing any authority and the applicable provisions of any statute, regulation or rule that are to be relied upon by the applicant on the application.

(2) Rule 29.08(2)(

b) of the rules is repealed and t he following substituted: (

b) one original and one copy of a memorandum listing any authority and the applicable provisions of any statute, regulation or rule that are to be relied upon by the opposing party on the application. 4. Rule 39A.03(1) of the rules is repealed and the following substituted:

217 The Newfoundland and Labrador Gazette June 3, 2022 Rules of Supreme Court, 1986 (Amendment) 33/22

(1) At least 5 days before the date of the pre -trial conference, each party shall file one original and one copy of a brief containing a

summary of the facts, issues and law and shall deliver on the same date a copy to each other party. 5. Rule 39A.06 of the rules is repealed and the following substituted: 39A.06 The pre-trial conference judge is not precluded from being the trial judge in the proceeding by virtue of b eing the pre-trial conference judge. 6. Rule 39B.03(3) of the rules is repealed and the following substituted:

(3) Upon completion of a settlement conference, the judge shall (

a) return to the parties or their counsel the materials delivered for the purpose of the conference; or (

b) ensure that the materials delivered for the purpose of the conference are appropriately disposed of. 7. Rule 40.10 of the rules is repealed and the following substituted: 40.10

(1) Each party sh all, on or before the fourth day preceding the trial, file with the Court (

a) an additional copy of the pre -trial brief prepared under rule 39A.03(1), if the party intends to rely on that brief for the trial; or (

b) one original and one copy of an amend ed brief containing a

summary of the facts, issues and law relevant to the proceeding.

(2) Each party shall, within the time limit set out in paragraph (1), provide to each other party either (

a) confirmation that the party will rely on the pre -trial br ief prepared under rule 39A.03(1) with no changes; or Not precluded from being trial judge Brief for trial judge

218 The Newfoundland and Labrador Gazette June 3, 2022 Rules of Supreme Court, 1986 (Amendment) 33/22 (

b) a copy of the amended brief filed under clause (2)(b). 8. Rule 49.12 of the rules is repealed and the following substituted: 49.12 A party may appeal from an order in the man ner provided for in the Court of Appeal Rules, NLR 38/16. 9. Rule 55.17 of the rules is amended by adding immediately after rule 55.17(4) the following:

(5) An agreement mentioned in paragraph (1) that was filed with the Court prior to December 10, 2012, may be disposed of by the Registrar, in accordance with the process that may be approved by the Chief Justice, where 10 years have lapsed since the agreement was filed with the Court. 10. Rule F4.02 of the rules is amended by adding immediately after rule F4.02(5) the following:

(6) Despite subrule F4.08(2), where a statute requires that an individual obtain leave of the court before making an application, the permission of a judge must be obtained before the Originating Application will be issued by a registry clerk.

(7) Where the permission of a judge is required in accordance with subrule (6), a judge may, after reviewing the Originating Application, grant or deny permission summarily or may provide directions regarding the conduct of the proceeding.

(8) Where permission is granted or denied summarily in accordance with subrule (7), the judge must ensure that decision is captured on the Court record.

(9) Where permission is granted in accordance with subrule (6), the Originating Application will b e deemed to have been issued on the date it is filed. 11. Rule F4.07 of the rules is amended by adding immediately after rule F4.07(5) the following:

(5.1) Subject to subrule (5.2), every Originating Application must contain the following contact information for each responding party: Appeals from orders

219 The Newfoundland and Labrador Gazette June 3, 2022 Rules of Supreme Court, 1986 (Amendment) 33/22 (

a) the name, office address, email addr ess, telephone and fax numbers of the party’s lawyer, if the party is represented by a lawyer; (

b) the residential address of the party; (

c) the email address, telephone number , and fax number of the party, if any; and (

d) such other contact information that a registry clerk may specify.

(5.2) Where an applicant is unable to obtain a respondent’s contact information despite having made reasonable attempts, the applicant may ap ply in accordance with Rule F16 ("Interim Applications without Notice for a Procedural Order") for an order dispensing with the requirement set out in subrule (5.1). 12. Rule F5.04 of the rules is amended by adding immediately after rule F5.04(5) the following:

(6) Despite rule F5.08(2), where a statute requires that an individual obtain leave of the court before making an application for variation, the permission of a judge must be obtained before the application will be issued by a registry clerk.

(7) Where the permission of a judge is required in accordance with subrule (6), a judge may, after reviewing the Originating Application for Variation, grant or deny permission summarily or may provide directions regarding the conduct of the proceeding.

(8) Where permission is granted or denied summarily in accordance with subrule (7), the judge must ensure that decision is captured on the Court record.

(9) Where permission is granted in accordance with subrule (6), the Originating Application for Variation will be deemed to have been issued on the date it is filed. 13.

(1) R ule F5.05(1)(

a) of the rules is amended by adding immediately after rule F5.05(1)(a)(ii) the following:

220 The Newfoundland and Labrador Gazette June 3, 2022 Rules of Supreme Court, 1986 (Amendment) 33/22 (ii.1) Subject to subrule (1.1), the following contact information for the responding party: (

A) the name, office address, email address, telephone and fax numbers of the party’s lawyer, if the party is represented by a lawyer; (

B) the residential address of the party; (

C) the email address, telephone number, and fax number of the party, if any; and (

D) such other contact information that a registry clerk may specify.

(2) Rule F5.05 of the rules is amended by adding immediately after rule F5.05(1) the following:

(1.1) Where a person applying to vary a final order is unable to obtain a respondent’s contact information despite having made reasonable attempts, the person may apply in accordance with Rule F16 ("Interim Applications without Notice for a Procedural Order") for an order dispensing with the requirement set out in subrule (1)(a)(ii.1). 14. Rule F6.06(1)(

b) of the rules is repealed and the following substituted: (

b) the respondent either (

i) fails to file a Response within the prescribed time, or (ii) files a Demand for Notice. 15. Rule F16.02(1) of the rules is a mended by adding immediately after rule F16.02(1)(

c) the following: (c.1) the person applying is seeking an order to dispense with the requirement to include the responding party’s contact information in the Originating Application in accordance with rule F4.07(5.2) or the Originating Application to Vary in accordance with rule F5.05(1.1);

221 The Newfoundland and Labrador Gazette June 3, 2022 Rules of Supreme Court, 1986 (Amendment) 33/22 16. Rule F18.08 is amended by repealing the name of the rule and substituting the following: What a judge can do at an interim hearing 17. The rules are amended by a dding immediately after the title to

section 8 the following: Rule F25A – Discontinuance and Withdrawal F25A.

(1) Subject to subrules (2), (3) and (4), Rule 19 (“Discontinuance and Withdrawal”) in

Part I applies, with any necessary modifications, to proceedings started in accordance with this Part.

(2) An applicant may not discontinue a proceeding started in accordance with this Part without the permission of a judge where an order for interim relief has been made in the proceeding.

(3) Where a proceeding started by an applicant in accordance with this

Part is stayed, discontinued or dismissed, a respondent may proceed with a claim made in a Response and a judge may provide directions regarding the conduct of the proceeding.

(4) Rule 19.03, providing for automatic costs, does not apply to proceedings started in accordance with this Part but a party affected by a discontinuance or withdrawal may make an interim application with notice for costs in accordance with Rule F18 (“Interim A pplications with Notice”). 18. The rules are amended by repealing and substituting the following forms: (

a) F4.03A; (

b) F4.04A; (

c) F5.05A; (

d) F5.06A; (

e) F6.02A; Application of rule 19

222 The Newfoundland and Labrador Gazette June 3, 2022 Rules of Supreme Court, 1986 (Amendment) 33/22 (

f) F11.02B; (

g) F14.04A; (

h) F16.03A; (

i) F18.03A; (

j) F23.01A; (

k) F23.02A; (

l) F23.05A; (

m) F25.03A; (

n) F26.02A; (

o) F34.02A; (

p) F34.02B; (

q) F35.03A; and (

r) F38.06A. 19. These regulations come into force on July 4, 2022. ©Queen's Printer Commencement

223 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A: Originating Application (Family Law) – Instructions for the Applicant Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 1 of 1 How to Make an Originating Application Instructions for the Applicant An Originating Application (Form 4.03A) is a document you must use to start a family law court proceeding. Your Originating Application tells the Court that there are family law issues that you would like to have resolved. If you start an Originating Application, you are the Applicant.

The other person is the Respondent. If you are making an application together with the other person (ie. a joint application), you cannot use this form. You must do a Joint Originating Application (Form F4.04A). Completing Your Originating Application You can fill out this form by hand or you can download and fill out this form electronically at www.court.nl.ca/supreme/family/forms.html (If you fill out the form electronically, you must still print the form, file it with the Court, and serve a copy on the Respondent).

You must fill out pages 1 -5 of the Originating Application and attach any schedules and additional forms that apply to you. If you need more space to fill out any

section of this Originating Application, attach an extra page and indicate which

section is continued on the extra page. Filing Your Originating Application You must make 3 extra copies of your completed and signed Originating Application (including any additional documents). To file your Originating Application, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you (with the filing fee attached). You can look up the fees online: www.court.nl.ca/supreme/fees.html Serving Your Originating Application You must give a copy of th e Originating Application to the Respondent. This is called service.

You have 180 days to serve the Respondent after you have filed the Application. If you do not serve the Application in 180 days, it will expire and you may have to file a new Originating Application. If your Application involves divorce and/or parenting, an adult (who is not you) must hand-deliver the Application to the Respondent. This is called personal service. You will have to file an Affidavit of Service (Form F8.03A) with the Court.

If your Application does not involve divorce or parenting, you can serve the Respondent by personal service, leaving a copy with the Respondent’s lawyer, leaving a copy at the Respondent’s address, registered mail/courier, or regular mail. You can also serve by fax, email, or e lectronic document exchange , if the Respondent has provided that information. You will have to file an Affidavit of Service (Form F8.03A), Acknowledgement o f Service (Form F8. 04A), a copy of the document with the recipient’s lawyer’s endorsement on it, a reply email, or a delivery confirmation with the Court. More Information Questions?

Go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St. John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding or getting a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911 --- REMOVE THIS PAGE BEFORE SERVING THE APPLICATION ON THE RESPONDENT ---

224 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A: Originating Application (Family Law) – Instructions for the Respondent Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 1 of 1 How to Respond to an Originating Application Instructions for the Respondent A family law proceeding has been started against you. You are the Respondent in this proceeding. The person who has started this family law proceeding is the Applicant. Read the attached Originating Application (Form F4.03A) carefully.

The Applicant has explained the family law issues that they would like to have resolved. If you want to oppose any of the Applicant’s claims or if you want to make your own claims, you must file and serve a Response (Form F6.02A). You can get a Response form at any Supreme Court location or online: www.court.nl.ca/supreme/family/forms.html You have only 30 days after this Originating Application has been served on you to file and serve your Response (You have 60 days if you have been served outside of Canada or the United States).

For more information on how to fill out, file, and serve a Response, read the “Instructions for the Respondent” page attached to the Response form. If you do not respond, the Court may proceed and make an order without hearing from you. More Information Questions? You can go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

225The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 1 Form F4.03A: Originating Application (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

Registry Clerk of the Supreme Court of Newfoundland and Labrador BETWEEN: APPLICANT (Print full name) AND: RESPONDENT (Print full name) AND:  NOT APPLICABLE  SECOND APPLICANT  SECOND RESPONDENT (Print full name) You must start your application at the Court location that is closest to you or closest to the other party. However, if your family law matter involves parenting or child support, you must start your application at the Court location that is closest to where your children live.

Check off where your application is required to be heard and note the location where you must file your documents: If your application is required to be heard in… …then you must file your documents in…  Clarenville (Grand Bank Circuit) Grand Bank Supreme Court  Corner Brook Corner Brook Supreme (Family Division)  Gander Gander Supreme Court  Grand Bank Grand Bank Supreme Court  Grand Falls – Windsor Grand Falls – Windsor Supreme Court  Happy Valley – Goose Bay Happy Valley – Goose Bay Supreme Court  Port aux Basques (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Rocky Harbour (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St.

Anthony (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St. John’s St. John’s Supreme Court (Family Division)  Stephenville (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Wabush (Happy Valley – Goose Bay Circuit) Happy Valley – Goose Bay Supreme Court

226 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 2 Check the type of order(

s) that you are seeking: You must fill out the Schedule(

s) that relate to your claim(

s) and attach any additional forms or documents required. Type of Order Fill Out

Schedule Attach  Divorce 1 Original marriage certificate  Parenting (Decision-making and parenting time) 2 -  Contact Order / Third Party Time with Child* 3 -  Child Support 4 Financial Statement (Form F10.02A) and/or income information, if applicable  Spousal (married) Support or Partner (unmarried) Support 5 Financial Statement (Form F10.02A)  Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 5 Financial Statement (Form F10.02A)  Division of Matrimonial (married) Property, Common Law (unmarried) Property, or Property under the FHRMIR Act 6 Property Statement (Form F10.04A)  Return of Child (within Canada) 7 Emergency Interim Application (Form 17.03A) if applicable  Consent Order or Agreement 8 Signed consent order or agreement  Other: ___________________________________ 8 - *Under the Divorce Act, a judge’s permission is required to make an application for a Contact Order.

Once received, your application will first be considered by a judge to determine if it may proceed.

227 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 3 Applicant Information Fill in your information below. Note: If you have safety concerns and do not want to provide your contact information, you may provide alternate contact information below. You must still provide the Court with your actual contact information in a sealed envelope. This envelope will not be available to the other party.

Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email. Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Will you need an interpreter in court?*  Yes  No If yes, state the language and dialect: Lawyer’s name, office address, email address, telephone number and fax number (if any) * Please note that you must arrange to have a qualified interpreter appear in court and you will be responsible for any fees associated with this, unless a judge orders otherwise.

228 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 4 Respondent Information Fill in the Respondent’s information below (to the best of your knowledge). Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Is the Respondent a registered Indian under the Indian Act?  Yes  No If yes, what is the name of the Respondent’s band? Does the Respondent live on a reserve?

Lawyer’s name, office address, email address, telephone number and fax number (if any) Fill in the information about your relationship with the Respondent: Your relationship with the Respondent Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, you were  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the Respondent was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if you are starting a proceeding against more than one Respondent.

Attach an extra page to provide the information of the other Respondent(

s) and the details of your relationship with the other Respondent(s).

229 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 5 Fill in the information for every child of your relationship (Include children under and over 19 and non-dependent children): Child 1 Child 2 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

230 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 6 Have child protection services, in this province or elsewhere, ever been involved with you, the Respondent(s), and/or any of the children listed above?  No  Yes. If yes, please provide details in the box below. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreement s involving you, the Respondent(s), and/or the children.

This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection ord ers, restraining orders, no -contact orders, safety plans, family centered action plans, and kinship care agreements or any other agreements stemming from CSSD involvement.  Check this box if not applicable.

231 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 7 (Note: This

Schedule is intended for divorce applications under the Divorce Act. If you are seeking a divorce under the Civil Marriages Act, fill out

Schedule 8.)

Schedule 1 Divorce In order to apply for a divorce, you must be able to satisfy all 4 of the requirements below: 1  There has been a breakdown in our marriage and there is no likelihood that we will get back together. 2  I am a resident of Newfoundland and Labrador and have been a resident of Newfoundland and Labrador for at least 1 year immediately prior to this application.

OR  My spouse is a resident of Newfoundland and Labrador and has been a resident of Newfoundland and Labrador for at least 1 year immediately prior to this application. 3  I have attached the original Certificate of Marriage (or Registration of Marriage) to this Application. If you were married in Canada, you can obtain your Certificate of Marriage from the provincial Vital Statistics Agency.  Check this box if your Certificate of Marriage is not in English or French. You must attach a translation and an Affidavit from the translator.

OR  I was married outside of Canada and I am unable to attach a copy of my Certificate of Marriage (or Registration of Marriage) because it is impossible or impractical to obtain. You will have to make an Interim Application for a Procedural Order (using Form F16.03A) for an Order dispensing with the need to file a Certificate of Marriage. 4  There has been no collusion in relation to this application for a divorce.

I am seeking a divorce because there has been a permanent breakdown in our marriage based upon:  Separation: Check this box if you and your spouse currently live separate and apart and will have lived separate and apart for at least 1 year prior to the determination of the divorce proceeding. If you and your spouse have been living separate and apart for less than 1 year, you may still file an Originating Application for divorce on the ground of separation.

However, you must wait until 1 year has elapsed to file an Application for Judgment for divorce.  Adultery: Check this box if you are seeking divorce because the Respondent has committed adultery. Attach an extra page with details of the adultery. You may be required to present further evidence of the adultery. You do not need to name any other person involved. If you choose to name another person, you must serve this Originating Application on that person by personal service. That other person(

s) will have the same rights as the Respondent in relation to the adultery claim and may file a Response.  Check this box to declare that you have not condoned or connived in the adultery.  Cruelty: Check this box if you are seeking divorce because your spouse has treated you with physical or mental cruelty that makes continued cohabitation intolerable. Attach an extra page with details of the cruelty. You may be required to present further evidence of the physical or mental cruelty.  Check this box to declare that you have not condoned or connived in the cruelty.

232 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 8

Schedule 2 Parenting Order If you are making an application for a parenting order (decision-making and/or parenting time), or are a person looking to step into the role of parent, fill in the information below. What are the current parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (ie. phone or internet): Other important issues in relation to parenting the child(ren):

233 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 9 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

234 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 10

Schedule 3 Contact Order/ Third Party Time with Child If you are a non-parent making an application for contact or time with a child, fill in the information below: What is your relationship to the child (i.e. grandparent, foster parent, step-parent, other relative): What contact/ time do you presently have or have you had with the child?: What contact/ time with the child are you seeking?: Are there any orders or other past or present proceedings or circumstance that may be relevant to your request for contact/ time with the child (i.e. previous convictions, involvement with child protection authorities)?: Other information that may be relevant to the court in determining whether to grant you contact/time with the child:

235 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 11

Schedule 4 Child Support Check all of the boxes that apply:  I am seeking the basic table amount as per the Child Support Guidelines.  I am seeking special and/or extraordinary expenses. You must complete and attach a Financial Statement (Form (F10.02A).  I am seeking an amount of child support that is different from the Child Support Guidelines basic table amount. Depending on your reason(

s) for seeking an amount different from the Child Support Guidelines, you may have to attach further documentation. List your reason(

s) for seeking an amount of child support different from the Child Support Guidelines:  The Respondent and I have agreed to child support in the amount of $ ______________ per month.  I have parenting time with the child(ren) for 40% or more of the year. You must complete and attach a Financial Statement (Form F10.02A).  The child(ren) is(are) 19 years of age or older. You must complete and attach a Financial Statement (Form F10.02A).  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually.

You must complete and attach a Financial Statement (Form F10.02A).  I am claiming undue hardship for the following reason(s): You must complete and attach a Financial Statement (Form F10.02A).  Other: Depending on your claim, you may be required to complete and attach a Financial Statement (Form F10.02A).  I am seeking retroactive child support. What is the amount of retroactive child support that you are seeking? $_______________________________ What is the date from which you are seeking retroactive child support? (month/day/year) ____________________ Describe the facts and your reason(

s) for seeking retroactive child support:

236 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 12

Schedule 5 Spousal, Partner, Parental, or Dependant Support If you are seeking spousal, partner, parental, or dependant support, you must complete and attach a Financial Statement (Form F10.02A) Check all of the boxes that apply and fill in the information required:  I am seeking :  Spousal support  Partner support  Parental support  Dependant support Describe the facts and your reason(

s) for seeking support:  I am seeking:  Retroactive spousal support  Retroactive partner support  Retroactive parental support  Retroactive dependant support What is the amount of retroactive support that you are seeking? $__________________________________ What is the date from which you are seeking retroactive support? (month/day/year) _______________________ Describe the facts and your reason(

s) for seeking retroactive support:

237 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 13

Schedule 6 Division of Property If you are seeking a division of matrimonial property or common law property, you must complete and attach a Property Statement (Form F10.04) Check all of the boxes that apply and fill in any information required:  I am seeking an equal division of matrimonial property.  I am seeking an unequal division of matrimonial property. Describe the facts and your reason(

s) for seeking an unequal division of property:  I am seeking exclusive possession of the matrimonial home. Describe the facts and your reason(

s) for seeking exclusive possession of the matrimonial home:  I am seeking a division of common law property. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  I am making a claim under the Family Homes on Reserves and Matrimonial Interests or Rights Act. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  Other: Describe your property claim, the facts, and your reason(

s) for seeking the claim:

238 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 14

Schedule 7 Return of Child (within Canada) If you are seeking a court order for the return of a child or children (within Canada), answer the questions below: You may provide any additional affidavit(

s) necessary. At what address does the child(ren) habitually (normally) live? Set out all of the available facts and information that you have relating to the whereabouts of the child(ren): Set out all the available facts and information that you have regarding the identity of the person that the child(ren) is/are presumed to be with: Set out your reasons for making the application:

239 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 15

Schedule 8 Other Applications If you are seeking a court order for something other than the claims requested in the other Schedules, state what you are seeking, describe the facts, and give reasons:

240 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 16 Statement of Truth You must swear or affirm that the facts and information that you have written in this Originating Application and the attached Schedule(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. Court Registry staff are commissioners of oaths and you may sign this application at the Court when you file it. I declare the facts and information in this Originating Application are true to the best of my knowledge and belief. SWORN TO or AFFIRMED at _______________________, this _________ day of _________________ , 20_____ .

Signature of Applicant Signature of Person Authorized to Administer Oaths Lawyer’s Signature for Fee Waiver I am employed by the Newfoundland and Labrador Legal Aid Commission or a Newfoundland and Labrador government department under the Executive Council Act and I am the lawyer of record in this matter. Signature of Lawyer (if any) Print Name of Lawyer (if any)

241 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 17 Party’s Certificate If you are applying for relief under the Divorce Act, you must complete this certificate.

I, ____________________________________ , (Print Party’s Name) the Applicant, certify to this Court that I am aware of the duties set out in sections 7.1 to 7.5 of the Divorce Act, which provide: 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. 7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. 7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. 7.4 A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. 7.5 For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.

DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Applicant

242 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 18 Lawyer’s Certificate If you are applying for relief under the Divorce Act and you are represented by a lawyer, your lawyer must complete this certificate. I, ____________________________________ , the Lawyer for ______________________________________ , (Print Lawyer’s Name) (Print Applicant’s Name) the Applicant, certify to this Court that I have complied with s.7.7 of the Divorce Act, which provides: 7.7

(1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding (

a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and (

b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.

(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (

a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; (

b) to inform the person of the family justice services known to the legal adviser that might assist the person (

i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made under this Act; and (

c) to inform the person of the parties’ duties under this Act.

(3) Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that they have complied with this section. DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Lawyer Address of Lawyer

243 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A: Joint Originating Application – Instructions for Co-Applicants Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 1 of 1 How to Make a Joint Originating Application Instructions for Co-Applicants You may use a Joint Originating Application (Form F4.04A) if you and the other person(

s) consent to your family law issues and want to apply for a family law order together. If you and the other person(

s) disagree on any family law issues, you cannot use this form. Instead, you must do an Originating Application (Form F4.03A). Completing Your Joint Originating Application You can fill out this form by hand or you can download and fill out this form electronically at www.court.nl.ca/supreme/family/forms.html (If you fill out the form electronically, you must still print the form and file it with the Court). You must fill out all of the pages in this Joint Originating Application and attach an agreement or a Consent Order (Form F34.02A and/or F34.02B). If you need more space to fill out any

section of this Joint Originating Application, attach an extra page and indicate which

section is continued on the extra page. Filing Your Joint Originating Application You must make 2 extra copies of your completed and signed Joint Originating Application (including any attachments). File your original Joint Originating Application with the Court. To file your Joint Originating Application, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you.

Serving Your Joint Originating Application Since all of the Co-Applicants have signed the filed Joint Originating Application, you do NOT need to serve the Joint Originating Application on the other Co-Applicant(s). However, you should still make sure all the Co-Applicants have a copy of the Joint Originating Application and all attachments. More Information Questions? Go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding or getting a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

244The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 1 Form F4.04A: Joint Originating Application (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

Registry Clerk of the Supreme Court of Newfoundland and Labrador BETWEEN: CO-APPLICANT (Print full name) AND: CO-APPLICANT (Print full name) AND:  NOT APPLICABLE  CO-APPLICANT(Print full name) You must start your application at the Court location that is closest to you or closest to the other party. However, if your family law matter involves parenting or child support, you must start your application at the Court location that is closest to where your children live.

245 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 2 Check the type of order(

s) that you are seeking: You must fill out and file the Schedule(

s) and any additional documents that relate to your claim(s). Type of Order Fill Out

Schedule Attachment(s)  Divorce 1 Original marriage certificate  Parenting (Decision-making and parenting time) 2 Consent Order or agreement  Contact Order / Third Party Time with Child* 3 -  Child Support 4 Consent Order or agreement  Spousal (married) Support or Partner (unmarried) Support 5 Consent Order or agreement  Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 5 Consent Order or agreement  Division of Matrimonial (married) Property, Common Law (unmarried) Property, or Property under the FHRMIR Act 6 Consent Order or agreement  Other: ___________________________________ 7 Consent Order or agreement *Under the Divorce Act, a judge’s permission is required to make an application for a Contact Order.

Once received, your application will first be considered by a judge to determine if it may proceed.

246 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 3 Fill in the information below for the first Co-Applicant: Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email.

Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Will you need an interpreter in court?*  Yes  No If yes, state the language and dialect: Lawyer’s name, office address, email address, telephone number and fax number(if any) * Please note that you must arrange to have a qualified interpreter appear in court and you will be responsible for any fees associated with this, unless a judge orders otherwise.

247 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 4 Fill in the information below for the second Co-Applicant: Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email.

Date of Birth Month: Day: Year: Occupation(

s) or Job(

Fill in the information about your relationship below: Relationship of the parties Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, the first Co-Applicant was  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the second Co-Applicant was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if there are more than 2 Co-Applicants.

Attach an extra page to provide the information of the other Co-Applicant(

s) and details of your relationship with the other Co-Applicant(s).

248 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 5 Fill in the information for every child of your relationship (Include children under and over 19 and non -dependent children): Child 1 Child 2 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

249 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 6 Have child protection services, in this province or elsewhere, ever been involved with any of the co-applicants and/or children listed above?  No  Yes. If yes, please provide details in the box below. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreements involving any of the co-applicants and/or children.

This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection orders, restraining orders, no-contact orders, safety plans, family centered action plans, and ki nship care agreements or any other agreements stemming from CSSD involvement.  Check this box if not applicable.

250 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 7 (Note: This

Schedule is intended for divorce applications under the Divorce Act. If you are seeking a divorce under the Civil Marriages Act, fill out

Schedule 6.)

We are seeking a divorce because there has been a permanent breakdown in our marriage based upon separation:  Check this box if the parties currently live separate and apart and will have lived separate and apart for at least 1 year prior to the determination of the divorce proceeding. If the parties have been living separate and apart for less tha n 1 year, you may still file an Application for divorce on the ground of separation. However, you must wait until 1 year has elapsed to file an Application for Judgment for divorce.

Check the box that applies to you and fill out any information needed:  There are no children of the marriage OR  Reasonable arrangements have been made for the support of the children (Give details and include your annual incomes):

251 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 8

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (ie. phone or internet): Other important issues in relation to parenting the child(ren):

252 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 9 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

253 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 10

254 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 11

Schedule 4 Child Support Check all of the boxes that apply:  We agree to the basic table amount as per the Child Support Guidelines.  We agree on special and/or extraordinary expenses.  We agree to an amount of child support that is different from the Child Support Guidelines basic table amount. What are your incomes? Co-Applicant 1’s Annual Income: $ Co-Applicant 2’s Annual Income: $ What are your reason(

s) for an amount of child support that is different from the Child Support Guidelines?  We agree to child support in the amount of $ _____________________________ per month.  Each of us has parenting time with the child(ren) for 40% or more of the year.  The child(ren) is(are) 19 years of age or older.  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually.  One or more of us is claiming undue hardship for the following reason(s):  Other:  We agree to an amount of retroactive child support. Describe the reason(

s) for retroactive child support:

255 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 12

Schedule 5 Spousal, Partner, Parental, or Dependent Support Check all of the boxes that apply and fill in the information required:  We have agreed to an amount of :  Spousal support  Partner support  Parental support  Dependent support Describe the reason(

s) for support:  We have agreed to an amount of:  Retroactive spousal support  Retroactive partner support  Retroactive parental support  Retroactive dependent support Describe the reason(

s) for retroactive support:

256 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 13

Schedule 6 Division of Property Check all of the boxes that apply and fill in any information required:  We agree to an equal division of matrimonial property.  We agree to an unequal division of matrimonial property. Describe the reason(

s) for an unequal division of property:  We agree to a division of common law property. Describe the property claim and the reason(

s) for the property claim:  We agree to a division of property under the Family Homes on Reserves and Matrimonial Interests or Rights Act. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  Other: Describe the property claim and the reason(

s) for the property claim:

257 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 14

Schedule 7 Other Applications If you have come to an agreement on something other than the claims listed in the other Schedules, state what you are agreeing to and give reasons:

258 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 15 If there are more than 2 Co-Applicants, attach an extra page with the signatures required below. Statement of Truth All Co-Applicants must swear or affirm that the facts and information in this Application, the attached schedules, and the attached Consent Order(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. Court Registry staff are commissioners of oaths and you may sign this application at the Court when you file it. First Co-Applicant Second Co-Applicant I declare the facts and information in this Joint Originating Application are true to the best of my knowledge and belief. I declare the facts and information in this Joint Originating Application are true to the best of my knowledge and belief.

SWORN TO or AFFIRMED at ___________________, this ________ day of _________________ , 20_____ . SWORN TO or AFFIRMED at ___________________, this ________ day of _________________ , 20_____ . Signature of First Co-Applicant Signature of Second Co-Applicant Commissioner of Oaths / Justice of the Peace Commissioner of Oaths / Justice of the Peace

259 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 16 Party’s Certificate If you are applying for relief under the Divorce Act, each applicant must complete this certificate.

First Co-Applicant’s Certificate I, ____________________________________ , (Print Party’s Name) a Co-Applicant, certify to this Court that I am aware of the duties set out in sections 7.1 to 7.5 of the Divorce Act, which provide: 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. 7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. 7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. 7.4 A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. 7.5 For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.

DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Co-Applicant

260 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 17 Second Co-Applicant’s Certificate I, ____________________________________ , (Print Party’s Name) a Co-Applicant, certify to this Court that I am aware of the duties set out in sections 7.1 to 7.5 of the Divorce Act, which provide: 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. 7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. 7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. 7.4 A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. 7.5 For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.

DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Co-Applicant

261 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 18 Lawyer’s Certificate If any of the Co-Applicants has a lawyer and you have applied for relief under the Divorce Act, your lawyer(

s) must complete the Certificate(

s) below. First Co-Applicant’s Lawyer I, ____________________________________ , the Lawyer for ______________________________________ , (Print Lawyer’s Name) (Print Co-Applicant’s Name) the Applicant, certify to this Court that I have complied with s.7.7 of the Divorce Act, which provides: 7.7

a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and (

(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (

b) to inform the person of the family justice services known to the legal adviser that might assist the person (

i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made under this Act; and (

c) to inform the person of the parties’ duties under this Act.

262 The Newfoundland and Labrador Gazette June 3, 2022 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 19 Second Co-Applicant’s Lawyer I, ____________________________________ , the Lawyer for ______________________________________ , (Print Lawyer’s Name) (Print Co-Applicant’s Name) the Applicant, certify to this Court that I have complied with s.7.7 of the Divorce Act, which provides: 7.7

a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and (

(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (

b) to inform the person of the family justice services known to the legal adviser that might assist the person (

i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made under this Act; and (

c) to inform the person of the parties’ duties under this Act.

263 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A: Originating Application for Variation – Instructions for the Applicant Supreme Court of Newfoundland and Labrador Rules of Supreme Court, 1986 (June 2022) Page 1 of 1 How to Make an Originating Application for Variation Instructions for the Applicant You may use an Originating Application for Variation (Form F5.05A) if you want to change a final family law order or domestic contract, such as a marriage contract, separation agreement, cohabitation agreement or paternity agreement, that has been filed with the Court under s. 42 of the Family Law Act.

If you start an Originating Application for Variation, you are the Applicant. The other person is the Respondent. If you are making an applicatio n together with the other person (i.e. a joint application), you cannot use this form. You must make a Joint Originating Application for Variation (Form F5.06A).

Completing Your Originating Application for Variation You can fill out this form by hand or you can download and fill out this form electronically at www.court.nl.ca/supreme/family/forms.html (If you fill out the form electronically, you must still print the form, file it with the Court, and serve a copy on the Respondent). You must fill out pages 1-5 of the Originating Application for Variation and attach any sch edules and additional forms that apply to you. If you need more space to fill out any

section of this Originating Application for Variation, attach an extra page and indicate which

section is continued on the extra page. Filing Your Originating Application for Variation You must make 3 extra copies of your completed and signed Originating Application for Variation (including any attachments). File the original Originating Application for Variation with the Court. To file your Originating Application for Variation, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you (with the filing fee attached).

You can look up the fees online: www.court.nl.ca/supreme/fees.html Serving Your Originating Application for Variation Once you have filed your completed Originating Application for Variation with the Court, you must give a copy of the Application and the ‘Instructions for the Respondent’ page to the Respondent. This is called service. You have 180 days to serve the Respondent after you have filed the Application. If you do not serve the Application in 180 days, it will expire and you may have to file a new Application.

If your Application involves parenting, an adult (who is not you) must hand-deliver the Application to the Respondent. This is called personal service. If your Application does not involve parenting, you can serve the Respondent by leaving a copy with the Respondent’s lawyer, leaving a copy at the Respondent’s address, registered mail/courier, or regular mail. You may also serve the Respondent using fax, email, or electronic document exchange, if the Respondent has provided that information. You may have to file an Affidavit of Service (Form F8.03A) or Acknowledgement of Service (Form F8.04A) with the Court.

These forms are available online: www.court.nl.ca/supreme/family/forms.html More Information Questions? Go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

264 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A: Originating Application for Variation – Instructions for the Respondent Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 1 of 1 How to Respond to an Originating Application for Variation Instructions for the Respondent A family law proceeding has been started against you to vary a family law order or domestic contract. You are the Respondent in this proceeding. The person who has started this family law proceeding is the Applicant.

Read the attached Originating Application for Variation (Form F5.0 5A) carefully. The Applicant has explained the family law issues that they would like to have resolved. If you want to oppose any of the Applicant’s claims or if you want to make your own claims, you must file and serve a Response (Form F6.02A).

You can find the Response form at any Supreme Court location or online: www.court.nl.ca/supreme/family/forms.html You have only 30 days after this Originating Application for Variation has been served on you to file and serve your Response (You have 60 days if you have been served outside of Canada or the United States). If the Applicant is making an application to v ary a support order made under the Divorce Act and you reside in a different province, you may, within 40 days of receiving the application, request that the Court convert the application to an inter-jurisdictional proceeding.

For more information on this process, you can contact the Court. For more information on how to fill out, file, and serve a Response, read the “Instructions for the Respondent” page attached to the Response form. If you do not respond, the Court may proceed and make an order without hearing from you. More Information Questions? You can go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

265The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 1 Form F5.05A: Originating Application for Variation (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

266 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 2 If you would like to change the terms of an order or domestic contract dealing with one or more of the issues listed in the table below, check the corresponding box(es), fill out the schedule(

s) indicated, and attach the additional forms or documents specified in the right-hand column. Type of Order Fill Out

Schedule Attach  Parenting (Decision-making and parenting time) 1 -  Contact Order / Third Party Time with Child* 2 -  Child Support 3 Financial Statement (Form F10.02A) and/or income information, if applicable  Spousal (married) Support or Partner (unmarried) Support 4 Financial Statement (Form F10.02A)  Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 4 Financial Statement (Form F10.02A)  Consent Order or Agreement 5 Signed consent order or agreement  Other: ___________________________________ 5 - * Under the Divorce Act, a judge’s permission is required to make an application for a Contact Order.

Once received, your application will first be considered by a judge to determine if it may proceed.

Fill in the details of the order or domestic contract that you are seeking to change and, if the order or domestic contract is not already filed with the Supreme Court, include a copy of it with this application: Date Order issued/Agreement signed Month: Day: Year: Court that granted Order/filed Agreement Place Order made/Agreement filed City: Province: Country: Name of Justice or Judge that granted Order (if applicable)  Check this box if you have more than 1 order or domestic contract that you are seeking to change.

Attach an extra-copy of this page in your document and fill in the details for each other order or domestic contract you are applying to change.

267 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 3 Applicant Information Fill in your information below: If you have safety concerns and do not want to provide your contact information, you may provide alternate contact information below. You must still provide the Court with your actual contact information in a sealed envelope. This envelope will not be available to the other party.

s) or Job(

268 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 4 Respondent Information Fill in the Respondent’s information below (to the best of your knowledge): Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Date of Birth Month: Day: Year: Occupation(

s) or Job(

Lawyer’s name, office address, email address, telephone number and fax number (if any) Fill in the information about your relationship with the Respondent: Your relationship with the Respondent Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, I was  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the Respondent was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if you are starting a proceeding against more than one Respondent.

Attach an extra page to this Application to provide the information of the other Respondent(

s) and the details of your relationship with the other Respondent(s).

269 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 5 Fill in the information for every child of your relationship (Include children under and over 19 and non -dependent children): Child 1 Child 2 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

270 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 6 Have child protection services, in this province or elsewhere, ever been involved with you, the Respondent(s), and/or any of the children listed above?  No  Yes. If yes, please provide details in the box below. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreements involving you, the Respondent(s), and/or the children.

This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection orders, restraining orders, no -contact orders, safety plans, family centered action plans, and kinship care agreements or any other agreements stemming from CSSD involvement.  Check this box if not applicable.

271 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 7

Schedule 1 Parenting Order Complete this

schedule if you are applying to change the terms of an order or domestic contract dealing with parenting issues (decision-making and/or parenting time). Why are you asking to have the parenting order or domestic contract changed? Describe what has changed since the time the order or contract was made. What are the current parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

272 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 8 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

273 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 9

Schedule 2 Contact Order/ Third Party Time with Child Complete this

schedule if you are applying to change the terms an order or domestic contract providing for a non- parent’s contact or time with a child. What is your relationship to the child (i.e. grandparent, foster parent, step-parent, other relative): Why are you asking to have the order or domestic contract changed? (Describe what has changed since the time the original order or domestic contract was made.) What is the current contact arrangement set out in the order or domestic contract? What changes to the contact arrangement with the child are you seeking?

274 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 10 Are there any orders or other past or present proceedings or circumstance that may be relevant to your request to change the contact order or domestic contract (i.e. previous convictions, involvement with child protection authorities)? Other information that may be relevant to the court in determining whether to grant a change to the contact order or domestic contract:

275 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 11

Schedule 3 Child Support Complete this

schedule if you are applying to change the terms of an order or domestic contract providing for child support. What is your current child support arrangement? Are there arrears or unpaid support?  Yes  No If yes, attach the most current Support Enforcement (SED) statement and specify: Amount: $_________________________________________________________ As of (date) (month/day/year): _________________________________________ Is child support assigned to be paid to someone else? (eg.

Department of Advanced Education, Skills and Labour)  Yes  No If yes, provide the details of the assignment arrangement: Check all of the boxes that apply and fill in the information required:  I am seeking a change in the Child Support Guidelines basic table amount of child support: For the following child(ren): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in the amount of child support: You must attach all of the financial documents required by page 4 of the Financial Statement (Form F10.02A).

276 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 12  I am seeking a change in child support to an amount that is different from the Child Support Guidelines basic table amount. For the following child(ren): Effective Date: Month: Day: Year: List your reason(

s) for seeking an amount of child support different from the Child Support Guidelines: Depending on your reasons for seeking an amount different from the Child Support Guidelines, you may have to file additional documentation.  The Respondent and I have agreed to child support in the amount of $ ______________ per month.  I have parenting time with the child(ren) for 40% or more of the year. You must complete and attach a Financial Statement (Form F10.02A).  The child(ren) is(are) 19 years of age or older.

You must complete and attach a Financial Statement (Form F10.02A).  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually. You must complete and attach a Financial Statement (Form F10.02A).  I am claiming undue hardship for the following reason(s): You must complete and attach a Financial Statement (Form F10.02A).  Other: Depending on your claim, you may be required to complete and attach a Financial Statement (Form F10.02A).  I am seeking a change in the amount of special and/or extraordinary expenses.

You must complete and attach a Financial Statement (Form F10.02A).You must also provide the information below: For the following child(ren): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in the amount of special and/or extraordinary expenses:

277 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 13  I am seeking retroactive child support. For the following child(ren): Effective Date: Month: Day: Year: What is the amount of retroactive child support that you are seeking? $_______________________________ Describe the facts and your reason(

s) for seeking retroactive child support:  I am seeking a termination of child support. For the following child(ren): Effective Date: Month: Day: Year: List your reason(

s) for terminating child support:  I am seeking child support because a change in our parenting arrangement(

s) has given rise to child support and there is no child support order currently in place. You must file and complete

Schedule 1 – Parenting of this form. If you are seeking an amount different from the Child Support Guidelines basic table amount, you must also complete and attach a Financial Statement (Form F10.02A). For the following child(ren): Effective Date: Month: Day: Year: What is the amount of child support that you are seeking? $________________________________________ Describe your claim, the facts, and your reason(

s) for seeking support:

278 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 14  Other changes to child support: For the following child(ren): Effective Date: Month: Day: Year: What is the amount of child support that you are seeking? $________________________________________ Describe your claim, the facts, and your reason(

s) for seeking a change in support:

279 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 15

Schedule 4 Spousal, Partner, Parental, or Dependant Support If you are seeking a change in spousal, partner, parental or dependant support, you must complete and attach a Financial Statement (Form F10.02A) Complete this

schedule if you are applying to change the terms of an order or domestic contract providing for spousal, partner, parental, and/or dependant support. What is your current spousal, partner, parental, and/or dependant support arrangement? Are there arrears or unpaid support?  Yes  No If yes, attach the most current Support Enforcement (SED) statement and specify: Amount: $_________________________________________________________ As of (date) (month/day/year): _________________________________________ Is support assigned to be paid to someone else? (eg.

Department of Advanced Education, Skills and Labour)  Yes  No If yes, provide the details of the assignment arrangement: Check all of the boxes that apply and fill in the information required:  I am seeking a change in spousal, partner, parental, or dependant support. For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in support:

280 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 16  I am seeking retroactive spousal, partner, parental, or dependant support. For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking retroactive support:  I am seeking a termination of spousal, partner, parental, or dependant support. For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for terminating support:  Other change(

s) to spousal, partner, parental, or dependant support: For the following person(s): Effective Date: Month: Day: Year: Describe your claim, the facts, and your reason(

s) for seeking a change in support:

281 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 17

Schedule 5 Other If you want to change a term of a court order or domestic contract dealing with an issue not listed in the schedules, state why you are applying for the change, describe the current arrangement specified in the order or contract, and describe the change you are seeking to the arrangement:

282 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 18 Statement of Truth You must swear or affirm that the facts and information you have written in this Application and the attached Schedule(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. You may also do this at the court registry. I declare that the facts and information in this Originating Application for Variation are true to the best of my knowledge and belief. SWORN TO or AFFIRMED at _______________________, this _________ day of _________________ , 20_____ .

283 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 19 Party’s Certificate If you are applying for relief under the Divorce Act, you must complete this certificate.

DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Applicant

284 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 20 Lawyer’s Certificate If you are applying for relief under the Divorce Act and you are represented by a lawyer, your lawyer must complete this certificate. I, ____________________________________ , the Lawyer for ______________________________________ , (Print Lawyer’s Name) (Print Applicant’s Name) the Applicant, certify to this Court that I have complied with s.7.7 of the Divorce Act, which provides: 7.7

a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and (

(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (

b) to inform the person of the family justice services known to the legal adviser that might assist the person (

i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made under this Act; and (

c) to inform the person of the parties’ duties under this Act.

285 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A: Joint Originating Application for Variation (Family Law) – Instructions Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 1 of 1 How to Make a Joint Originating Application for Variation Instructions for Co-Applicants You may use a Joint Originating Application for Variation (Form F5.06A) if you and the other person(

s) would like to change a family law order or a domestic contract, such as a marriage contract, separation agreement, cohabitation agreement or paternity agreement, that has been filed with the Court under s. 42 of the Family Law Act together. You and the other person(

s) are Co-Applicants. If there are any issues that you do not agree on , you must use the general Originating Application for Variation (Form F5.05A). However, you can still do Consent Order(

s) on the issues you agree on. Completing Your Joint Originating Application for Variation You can fill out this form by hand or you can download and fill out this form electronically at www.court.nl.ca/supreme/family/forms.html (If you fill out the form electronically, you must still print the form and file it with the Court). You must fill out the entire Joint Originating Application for Variation and attach an agreement or a Consent Order (Form F34.02A and/or F34.02B). If you need more space to fill out any

section of this Joint Originating Application for Variation, attach an extra page and indicate which

section is continued on the extra page. Filing Your Joint Originating Application for Variation You must make 2 extra copies of your completed and signed Joint Originating Application for Variation (including any additional documentation). File your original Joint Originating Application for Variation with the Court. To file your Joint Originating Application for Variation, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you.

Serving Your Joint Originating Application for Variation Since all of the Co-Applicants have signed the Joint Originating Application for Variation, it does NOT need to be served on the other Co-Applicant(s). However, you should still make sure all of the Co-Applicants have a copy of the Joint Originating Application for Variation and all attachments. More Information Questions? Go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

286The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 2 Form F5.06A: Joint Originating Application for Variation (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

287 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 3 If you would like to change the terms of an order or domestic contract dealing with one or more of the issues listed in the table below, check the corresponding box(es), fill out the schedule(

s) indicated, and attach the additional forms or documents specified in the right-hand column. Type of Order Fill Out

Schedule Fill Out Form(

s) or Attach Document(s)  Parenting (Decision-making and parenting time) 1 Consent Order or Agreement  Contact Order / Third Party Time with Child* 2 -  Child Support 3 Consent Order or Agreement  Spousal (married) Support or Partner (unmarried) Support 4 Consent Order or Agreement  Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 4 Consent Order or Agreement  Other: ___________________________________ 5 Consent Order or Agreement * Under the Divorce Act, a judge’s permission is required to make an application for a Contact Order.

Once received, your application will first be considered by a judge to determine if it may proceed. Fill in the details of the order or domestic contract that you are seeking to change and, if the order or domestic contract is not already filed with the Supreme Court, include a copy of it with this application: Date Order issued/Agreement signed Month: Day: Year: Court that granted Order/filed Agreement Place Order made/Agreement filed City: Province: Country: Name of Justice or Judge that granted Order  Check this box if you have more than 1 order or domestic contract that you are seeking to change.

Attach an extra-copy of this page in your document and fill in the details for each other order or domestic contract you are applying to change.

288 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 4 Fill in the information below for the first Co-Applicant: Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email.

Date of Birth Month: Day: Year: Occupation(

s) or Job(

289 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 5 Fill in the information below for the second Co-Applicant: Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email.

Date of Birth Month: Day: Year: Occupation(

s) or Job(

Attach an extra page to provide the information of the other Co-Applicant(

s) and details of your relationship with the other Co-Applicant(s).

290 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 6 Fill in the information for every child of your relationship (Include children under and over 19 and non -dependent children): Child 1 Child 2 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

291 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 7 Have child protection services, in this province or elsewhere, ever been involved with any of the co-applicants and/or children listed above?  No  Yes. If yes, please provide details in the box below. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreements involving any of the co-applicants and/or the children.

This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection orders, restraining orders, no -contact orders, safety plans, family centered action plans, and kinship care agreements or any other agreements stemming from CSSD involvement.  Check this box if not applicable.

292 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 8

Schedule 1 Parenting Order Complete this

schedule if you are applying to change the terms of an order or domestic contract dealing with parenting issues (decision-making and/or parenting time). Why are you asking to have the parenting order changed? (Describe what has changed since the time the parenting order was made) What are the current parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

293 The Newfoundland and Labrador Gazette June 3, 2022 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2022) Page 9 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holiday

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2022-06-03
Type	gazette
Volume / chapter	nlg20220603
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2435ade2a0e8d5183137a0ec6d516ec64b03fbcb

Source file is stored in the law ingest library (pdf).