Family Court Rules–amendment

N.S. Reg. 81/2017

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 41, Special Issue May 26, 2017 Contents Act Reg. No. Page Family Court Act Family Court Rules–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81/2017 454 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force. © NS Office of the Registrar of Regulations. Web version. 453

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Part II - Regulations Vol. 41, Special Issue N.S. Reg. 81/2017 Made: April 20, 2017 Approved: April 27, 2017 Filed: April 28, 2017 Family Court Rules–amendment Order in Council 2017-142 dated April 27, 2017 Amendment to regulations made by the Family Court Rules Committee and approved by the Governor in Council pursuant to Sections 11 and 12 of the Family Court Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated April 21, 2017, and pursuant to Sections 11 and 12 of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act (the Act), is pleased to approve amendments to the Family Court Rules, N.S. Reg. 20/93, approved by the Governor in Council by Order in Council 93-114 dated February 2, 1993, in the manner set forth in

Schedule “A” and

Schedule “B” attached to and forming part of the report and recommendation, the amendments to be effective on and after the date they are published in the Royal Gazette in accordance with

Section 12 of the Act. [Please note:

Schedule “A” to Order in Council 2017-142, N.S. Reg. 80/2017, was published in Issue 10 of the Royal Gazette

Part II dated M ay 12, 2017.]

Schedule “B” In the matter of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act and In the matter of an amendment to the Family Court Rules, N.S. Reg. 20/93 Certificate I, Judge Jean M. Dewolfe, of the Family Court of Nova Scotia, certify that, on April 20, 2017, pursuant to

Section 11 of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act, the Family Court Rules Committee made the attached amendments to the Family Court Rules, N.S. Reg. 20/93, approved by the Governor in Council by Order in Council 93-114 dated February 2, 1993. Dated: April 20, 2017 sgd: J. Dewolfe JFC Judge Jean M. Dewolfe Judge of the Family Court of Nova Scotia Chair, Family Court Rules Committee © NS Office of the Registrar of Regulations. Web version. 454

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Part II - Regulations Vol. 41, Special Issue Amendment to the Family Court Rules made by the Family Court Rules Committee under Sections 11 and 12 of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act The Family Court Rules, N.S. Reg. 20/93, made by the Family Court Rules Committee and approved by the Governor in Council by Order in Council 93-114 dated February 2, 1993, are amended by repealing Rules 1 to 20 and Rules 22 and 23 and substituting the following Rules: Rule 1: Citation, Application and

Interpretation Citation 1.01 These Rules may be cited as the Family Court Rules. Application 1.02

(1) Subject to subrule (3), these Rules govern every proceeding in the Family Court for the Province of Nova Scotia.

(2) In a proceeding commenced in the court before the coming into of the force and effect of these Rules, the proceeding must be continued in accordance with these Rules except to the extent they cannot be adapted to the proceeding.

(3) These Rules do not apply to any proceeding in which they are, or appear to be, contradictory to any enactment under which an application is before the court. Object of rules 1.03 The object of these Rules is to secure the just, speedy and inexpensive determination of every proceeding. Application of

Interpretation Act and Civil Procedure Rules 1.04

(1) The

Interpretation Act applies to these Rules and the Civil Procedure Rules apply at the discretion of the court, when no provision under these Rules is made.

(2) In these Rules, “application” has the same meaning as “motion” in the Civil Procedure Rules, unless the context otherwise requires.

(3) A family court officer has the powers of a prothonotary under the Civil Procedure Rules subject to the discretion of the court.

Definitions 1.05 In these Rules, unless the context otherwise requires, “affidavit” includes a statutory declaration and an agreed statement of facts; “applicant” means any person who makes an application under these Rules; “application” means a proceeding started by filing a notice of application or notice of variation application; “Civil Procedure Rules” means the Nova Scotia Civil Procedure Rules, 2nd edition (2008), as amended; “counsel” means a person who is entitled to appear and represent a party in the Family Court under the Legal Profession Act; © NS Office of the Registrar of Regulations. Web version. 455

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Part II - Regulations Vol. 41, Special Issue “court” means the Family Court or Judge of the Family Court whether sitting in court or in chambers; “document” includes a sound recording, photograph, film, plan, chart, graph, report or record of any kind, or a certified copy of any of the above; “enter judgment” means to deliver to the family court officer an order embodying a judgment or to make a formal record of the judgment; “family court officer” means a person designated by the court as a family court officer; “Guidelines” means the provincial Child Support Guidelines; “hearing” means the hearing of an application or a trial; “order” means an order or other decision or judgment, whether oral or written, made by the court or a judge and includes an order made by a family court officer as authorized by these Rules; “party” means any person named in an application made under these Rules; “respondent” means any person who responds or replies to an application; “response” means either the response to application or response to variation application provided for in these Rules; “Rule” or “Rules” means the Family Court Rules; “spouse” has the same meaning as defined in the Parenting and Support Act.

Waiver of Rule by agreement 1.06 Unless the court otherwise orders, the parties may agree to waive any Rule. Rule 2: Effect of Non-compliance Non-compliance with Rules 2.01

(1) A failure in a proceeding to comply with any requirement of these Rules constitutes an irregularity and, unless the court otherwise orders, the failure to comply does not nullify the proceeding, any step taken in the proceeding, or any document, or order therein.

(2) An application to set aside a proceeding for an irregularity must be made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity. Rule 3: Time Computation of time 3.01 Unless these Rules specify otherwise, the computation of time under these Rules, or any order of the court, is governed by all of the following provisions: (

a) the period of days in a Rule does not include any of the following: (

i) the day the period begins, © NS Office of the Registrar of Regulations. Web version. 456

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Part II - Regulations Vol. 41, Special Issue (ii) a Saturday and Sunday in the period, (iii) a weekday the office of the court is closed during the period, (iv) the day on which a thing is required or first permitted to be done; (

b) a document delivered on a Saturday, Sunday or a weekday that the office of the court is closed is considered to be delivered on the next weekday when the office of the court is open; (

c) a document delivered after 4:30 pm is considered to be delivered on the next weekday when the office of the court is open; (

d) a day is the period between midnight and the instant before midnight marking the beginning of the next day; (

e) for the purposes of

Section 3 of the Time Definition Act, a year is the 365 days from midnight of a day on the Gregorian calendar to the instant before midnight marking the beginning of the same numbered day, in the same month, in the following year, except the period that is 366 days for a year that includes the 29th day of February. Time Definition Act 3.02 The Time Definition Act applies to these Rules. Extension, etc. of time 3.03

(1) The court may, on any terms that it thinks just, extend or abridge the period within which a person is required or authorized by these Rules, or by any order, to do or abstain from doing any act in a proceeding.

(2) The extension or abridgement of the period may be granted only if the judge is satisfied that it is not being sought to unnecessarily delay, or otherwise interfere with, the proceedings. Rule 4: Forms and Practice Memoranda Forms 4.01 The forms in the appendices, or as issued by a practice memorandum, must be used where applicable with any variations that the circumstances of the particular proceeding require.

Practice memoranda 4.02 A judge, a group of judges or the Rules Committee may issue practice memoranda consistent with these Rules for the better operation of these Rules and the functioning of the court. Rule 5: Parties More than 1 party 5.01 Subject to Rule 5.02, 2 or more persons, with leave of the court, may be joined together in one proceeding as either applicants or respondents. Third person as party 5.02

(1) Any person may intervene in a proceeding and become a party only if leave of the court is granted and subject to enactments respecting confidentiality. © NS Office of the Registrar of Regulations. Web version. 457

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(2) A person seeking to become a party in a proceeding must demonstrate to the satisfaction of a judge a direct interest in either of the following: (

a) the subject matter of the proceeding; or (

b) the enforcement of a judgment.

(3) Any person seeking to intervene in a proceeding must file an affidavit containing the grounds for the intervention and the nature of the claim of a direct interest in the subject matter of the proceeding, or concerning the enforcement of a judgment. Order separate hearings 5.03 If parties are joined in a proceeding and it may embarrass or delay the hearing, or the proceeding ought to be disposed of by a separate hearing, or it is otherwise inconvenient, the court may order separate hearings, or make such other order as is just. Change of parties 5.04

(1) The court may at any stage of a proceeding, on an ex parte application or its own motion, if it thinks it necessary in order to ensure that all matters in the proceeding may be heard, order a person to be made a party to the proceeding in substitution for a party.

(2) Any person made a party under this Rule may, within 10 days after the order is served on them, apply to the court to have the order discharged or varied. Representation 5.05

(1) A party may be represented in a proceeding by any of the following: (

a) a lawyer, subject to the Legal Profession Act; (

b) with the permission of the court, any other person who is not receiving remuneration for appearing.

(2) A lawyer may become counsel of record and be removed as counsel of record in accordance with Rule 17. Litigation guardian 5.06

(1) For the purposes of these Rules, “person under disability” is a person who is either of the following: (

a) a person under the age of majority who is required by order of the court to commence or defend a proceeding by a litigation guardian; or (

b) a person who is not capable of managing their affairs.

(2) A person under disability must commence or defend a proceeding by a litigation guardian unless the court otherwise orders.

(3) Unless a Rule otherwise provides, anything in a proceeding that is required or authorized by the Rules to be done by a party must or may be done on the person’s behalf by the litigation guardian, if the party is a person under disability.

(4) A litigation guardian of a person under disability must act by counsel. © NS Office of the Registrar of Regulations. Web version. 458

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Part II - Regulations Vol. 41, Special Issue Appointment of litigation guardian 5.07

(1) Unless the court otherwise orders or an enactment otherwise provides, any person may be a litigation guardian of a person under disability without being appointed by the court.

(2) No other person may act as a litigation guardian for a party who already has a litigation guardian in a proceeding, unless the court otherwise orders.

(3) When in the opinion of a judge it is in the interest of a party who is a person under disability to do so, the judge may remove, appoint or substitute a litigation guardian. Written consent or order

(4) Before the name of a person is used in a proceeding as the litigation guardian, either of the following must be filed with the family court officer: (

a) the person’s written consent to be the litigation guardian; or (

b) if the person has been appointed a litigation guardian by a judge, a true copy of the order appointing them. Certificate

(5) A guardian acting in a proceeding, other than one appointed under an enactment, must file with the family court officer a certificate certifying that the guardian knows or believes that (

a) the person to whom the certificate relates is a person under disability, giving the grounds of that knowledge or belief, and if a mentally incompetent person, that a guardian has not been appointed under any enactment; and (

b) the guardian has no interest in the proceeding adverse to that person. Replacement, discharge and duties 5.08 Unless the court otherwise directs, Rule 36 of the Civil Procedure Rules respecting the replacement, discharge and duties of a litigation guardian applies. As amicus curiae 5.09 Any person may, with the leave of the court and without becoming a party to a proceeding, intervene in the proceeding as a friend of the court for the purpose of assisting the court. Rule 6: Commencement of Proceedings

Definitions for Rule 6 6.01 In this Rule 6, unless the context otherwise requires, “conferences” means either of the following: (i) “pre-hearing conference” means a judicial pre-hearing or case-management conference as set out in Rule 10, or (ii) “settlement conference” means a judicial conference for settlement purposes to assist the parties in resolving an issue or issues in the proceedings as set out in Rule 11; “court-based ADR” means court-based assisted dispute resolution; © NS Office of the Registrar of Regulations. Web version. 459

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Part II - Regulations Vol. 41, Special Issue “deliver” means to provide a copy of a document to a designated address in accordance with Rule 6.03; “family court officer” means a court official at an office of the Family Court who performs duties and provides services on behalf of the court such as reviewing statements and documents submitted for filing, conducting court-based ADR, directing and ordering disclosure, arranging and scheduling for parties to appear before a judge, and determining interim child support in some circumstances; “file” means to provide a document to an office of the Family Court for the purpose of filing. Contact information 6.02

(1) A person who files a document for the first time in a proceeding must provide information to the family court officer by which the family court officer or a party may contact either the person or counsel who represents the person.

(2) The contact information must include a mailing address, which may be the designated address, and any other means by which the person or counsel is regularly contacted by others, such as a telephone number, an e-mail address and a fax number and may be in Form FC 1 or other form as directed by the family court officer. Must advise of change

(3) The party or counsel must advise the family court officer of a change in the contact information. Risk of harm

(4) A family court officer who is satisfied that a person may be at risk of harm may direct that a contact information be kept confidential and may assist a party to designate a neutral address for delivery. Delivery to address is sufficient notice

(5) Delivery to the address provided under subrules (1) to (4) is sufficient for notice of a proceeding, or a step in a proceeding, under this Rule. Family court officer filing 6.03

(1) Upon receipt of an application, the family court officer must do all of the following: (

a) insert a file number and date of filing on the application; (

b) impress the family court officer’s signature and the seal of the court on the application; (

c) affix the place, time and date of the hearing; (

d) file a true copy of the application in the family court officer’s office.

(2) The file number assigned to a proceeding consists of each of the following: (

a) the letter “F” for a proceeding in the Family Court; (

b) a letter designating the office where the proceeding is commenced, as follows: © NS Office of the Registrar of Regulations. Web version. 460

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Part II - Regulations Vol. 41, Special Issue AM Amherst LB Lunenburg AR Annapolis Royal LP Liverpool AT Antigonish PIC Pictou BG Barrington SB Shelburne BW Bridgewater T Truro C Comeauville W Windsor D Digby Y Yarmouth K Kentville (

c) the consecutive number of the proceeding in order of filing in that office.

(3) All documents subsequently filed or delivered in the proceeding must bear the same file number.

(4) When a proceeding is transferred to another office of the Family Court, a file number for that office must be assigned to the file for the proceeding as provided in this Rule. Fax filing 6.04

(1) Any document may be delivered to and filed with the court by fax as provided in this Rule.

(2) A document may be served by a party on counsel of record in accordance with subrule (3). Cover page

(3) A document delivered by fax must include a cover page indicating all of the following: (

a) the sender’s name, address, and fax number; (

b) the date and time it is sent; (

c) the names of the parties in the proceeding and the file number, if one has been assigned; (

d) the total number of pages being faxed, including the cover page; (

e) the fax number from which the document is transmitted; (

f) the name and telephone number of a person to contact in the event of transmission problems; (

g) an undertaking to immediately pay a fee that must be paid for filing a document. When fax filing complete

(4) Subject to subrule (5), filing is deemed complete at the time the fax is received by the court and the filed faxed document has the same force and effect as the original.

(5) A faxed document is deemed to be received on weekdays, excluding holidays, between 9:00 a.m. and 4:00 p.m. and all of the following must occur for the filing to be deemed complete: © NS Office of the Registrar of Regulations. Web version. 461

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a) within 5 days after the date the court receives the faxed document, the person filing the document must deliver the original signed document to the court together with a [the] prescribed filing and transmission fees; (

b) the original document must have clearly marked on the first page “sent by fax”, along with the date and time of the transmission and the number of pages. Failure to comply

(6) Upon failure to comply with any of the requirements of this Rule, the court may make any orders that are just, including but not limited to, (

a) an order striking pleadings or parts of pleadings; (

b) an order removing the facsimile document from the file; (

c) staying further proceedings until compliance is complete; or (

d) dismissing the proceeding or any part of the proceeding. Certified document by fax

(7) Any certified document sent by the court by fax in accordance with subrule (3) is deemed to be a certified original document, despite that the seal of the court is not impressed on the document, and the faxed document may be further certified at the local office of the court by its proper officer. Electronic filing

(8) Unless the court otherwise directs, Rule 82.12 of the Civil Procedure Rules applies with respect to electronic filing. Starting a proceeding 6.05

(1) A person who wishes to start a proceeding must file all of the following: (

a) a notice of application in Form 6.02A or a notice of variation application in Form 6.02B, which must be dated and signed; (

b) documents, statements and supporting disclosure required under the Rules unless a judge or family court officer determines that it is appropriate to accept the application despite that all supporting disclosure has not been filed.

(2) A person who wishes to start a proceeding must meet with a family court officer to be informed of the filing and disclosure obligations and comply with them, unless the family court officer is satisfied that all required information has been provided in the filed notice and all required documents, statements and supporting disclosure have been filed.

(3) The family court officer must determine the next step to be taken on the basis of the information in the filed documents, statements and supporting disclosure, and the next step may include any of the following: (

a) a referral to an agency or service; (

b) a referral to a family court officer for court-based ADR or case management, or both; (

c) an appearance before a judge. © NS Office of the Registrar of Regulations. Web version. 462

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Part II - Regulations Vol. 41, Special Issue Respondent may apply

(4) A respondent in a proceeding started by notice of application may apply for an order by filing a response to application.

(5) A respondent who seeks to obtain relief that is different from the types of order claimed in the notice of application must file a response to application.

(6) A respondent must file a response to application at least 15 days before the day of the first court hearing, unless a court officer or judge directs otherwise.

(7) The response to application must be dated, signed and in Form 6.02C. Respondent may apply to vary

(8) A respondent in a proceeding started by notice of variation application may apply for a variation of an order by filing a response to variation application.

(9) A respondent who seeks to obtain relief that is different from the relief claimed in the notice of variation application must file a response to variation application.

(10) A respondent must file a response to variation application at least 15 days before the day of the hearing, unless a court officer or judge directs otherwise.

(11) The response to variation application must be dated, signed and in Form 6.02D. Disclosure by parenting statement and deadline for filing 6.06

(1) A party who makes a claim for custody, for parenting time with a child or about parenting of a child must file a parenting statement with the notice by which the claim is made.

(2) A party who responds to, or contests, a claim for custody, for parenting time with a child or about parenting of a child must file a parenting statement with the response.

(3) The parenting statement must be dated, signed and in Form FC 2A. Disclosure by statement of contact time and interaction and deadline for filing

(4) A party who makes a claim for contact time or interaction with a child must file a statement of contact time and interaction with the notice by which the claim is made.

(5) A party who responds to, or contests, a claim for contact time or interaction with a child must file a statement of contact time and interaction with the response.

(6) The statement of contact time and interaction must be dated, signed and in Form FC 2B. Disclosure by financial statements 6.07

(1) A party who makes a claim for support, and the party against whom the claim is made, must make disclosure as required by the applicable legislation, including the Guidelines, and this Rule 6 is not intended to alter those requirements.

(2) Required disclosure of information must be made in the following financial statements, which are further provided for in Rules 6.08 and 6.10: (

a) statement of income (Form FC 3); © NS Office of the Registrar of Regulations. Web version. 463

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b) statement of special or extraordinary expenses (Form FC 4); (

c) statement of undue hardship circumstances (Form FC 5); (

d) statement of expenses (Form FC 6); (

e) statement of property (Form FC 7).

(3) A statement under this Rule must be signed by the deponent with the jurat completed and signed by the person before whom it is sworn or affirmed. Waiver if conditions met

(4) Parties who agree on the terms of an order for support, or a variation order for support, are not required to file financial statements if all of the following apply, unless a judge orders otherwise: (

a) the order does not affect support for a child; (

b) the agreement is in writing and signed by the parties or counsel on their behalf; (

c) the parties sign and file a waiver of financial statements in Form FC 8. Disclosure of financial information for child support and other claims 6.08

(1) A party who makes the following claim for child support, and the party against whom the claim is made, must file the following statement or statements: Claim Statement child support in the table amount under the Guidelines and no other financial claim by the party claiming – none by the party claimed against – a statement of income special or extraordinary expenses under the Guidelines by the party claiming – a statement of special or extraordinary expenses by both parties – a statement of income if the child is able to contribute to the special or extraordinary expenses by the party claiming – an additional statement of the child’s income or ability to contribute child support that is different from the table amount, or the table amount plus special or extraordinary expenses by both parties – a statement of income and a statement of expenses if child support is also for a child who is 19 years of age or older by the party claiming – an additional statement of the child’s income and expenses © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 41, Special Issue a claim that child support should be by both parties – a statement of income and increased from, or decreased from, the table a statement of expenses amount on the basis that child support in the table amount would cause undue and hardship by both parties – obtained from the other members of their households, as defined in

Schedule II of the Guidelines, a copy of the member’s income tax return and notice of assessment for the most recent tax year and any other information required to compare household standards of living in accordance with

Schedule II and by the party claiming – a statement of undue hardship circumstances and the party’s calculation and comparison of the household standards of living, as provided in

Schedule II and by the party against whom the claim is made – a separate calculation and comparison of the household standards of living, as provided in

Schedule II may be filed

(2) A party who makes any of the following claims, and the party against whom the claim is made, must file the following statements: Claim Statement spousal support by both parties – a statement of income, a statement of expenses and a statement of property and by both parties – a statement of income, a statement of expenses and a statement of property by the party’s spouse variation of an order for spousal support by both parties – a statement of income and a statement of expenses and by both parties – a statement of income and a statement of expenses by the party’s spouse © NS Office of the Registrar of Regulations. Web version. 465

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Part II - Regulations Vol. 41, Special Issue Disclosure by affidavit 6.09 All parties in an application must file an affidavit under Rule 18 as directed by a judge or family court officer. Deadlines for filing financial statements 6.10

(1) The following deadlines apply to the filing of statements or documents required by Rules 6.07 and 6.08: (

a) a party who makes a financial claim must file the required statements with the notice that includes the financial claim; (

b) a party who responds to a financial claim must file the required statements before the following deadlines after delivery of a direction to disclose: (

i) no more than 15 days after delivery in Nova Scotia, (ii) no more than 30 days after delivery elsewhere in Canada, (iii) no more than 45 days after delivery outside Canada; (

c) a party who claims that child support should be increased or decreased from the table amount under the Guidelines on the basis that the table amount would cause undue hardship to a party or a child, must file the required statements and documents when the party files a notice in which the claim is made or, if there is no such notice, no more than 15 days after the day the other party delivers a required statement; (

d) a party responding to an undue hardship claim who files calculations and comparison of the household standards of living, in accordance with

Schedule II of the Guidelines, must file them no more than 15 days after the day the calculations and comparison of the party claiming undue hardship are delivered.

(2) Despite Rule 6.10, a judge or family court officer may permit a party, or direct a party, to file a required statement, or a required copy of a document, before a different deadline. Direction to disclose 6.11

(1) A family court officer or judge may make a direction to disclose requiring a party to disclose relevant information by the applicable deadline in Rule 6.10 or a different deadline directed by a judge or family court officer.

(2) A family court officer or judge may order a party who fails to make disclosure to appear before a family court officer or judge and provide disclosure at that time, and a family court officer who is satisfied that the party received actual notice of the direction to disclose may do any of the following: (

a) make an interim order for child support at the table amount under the Guidelines, under Rule 6.18; (

b) dismiss all or part of an application or claim or adjourn the proceeding without day.

(3) The direction to disclose must be in Form 6.11, unless otherwise authorized by a judge.

(4) The direction to disclose may be delivered by mail, or other means determined by the family court officer. © NS Office of the Registrar of Regulations. Web version. 466

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Part II - Regulations Vol. 41, Special Issue Order to appear and disclose 6.12

(1) A family court officer or judge may make an order to appear and disclose that requires a party to appear before the family court officer or judge and do any of the following: (

a) complete a required statement, file a required statement or file a required document; (

b) file any other document that discloses relevant information; (

c) produce a document.

(2) The order for a party to appear and disclose must be in Form 6.12A, unless otherwise authorized by a judge. Order to disclose

(3) A family court officer or judge may make an order to disclose that requires a party to do any of the following: (

a) file a required statement or document; (

b) file any other document that discloses relevant information; (

c) otherwise, provide relevant information.

(4) The order to disclose must be in Form 6.12B, unless otherwise authorized by a judge. Failure to comply

(5) A family court officer, or a judge, who is satisfied that a party fails to comply with an order to appear and disclose, or an order to disclose, may do any of the following: (

a) make an order under Rule 6.13 for disclosure by a person who is not a party; (

b) make an interim order for child support under Rule 6.18; (

c) dismiss all or part of an application or claim or stay the proceeding.

(6) In addition to the remedies in Rule 6.11(2) and Rule 6.12(5), a judge who is satisfied that a party fails to comply with a direction to disclose, an order to appear and disclose or an order to disclose may do any of the following: (

a) make an order for costs against the party so as to fully or substantially indemnify the other party; (

b) grant an application, in whole or in part, if it is the respondent who fails to appear or disclose; (

c) start contempt proceedings; (

d) make any other order the judge considers will achieve justice in the circumstance. Order for disclosure by non-party 6.13

(1) A family court officer who is satisfied of all of the following may order a person who is not a party to disclose relevant information that is not privileged: © NS Office of the Registrar of Regulations. Web version. 467

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a) the information is in the person’s control; (

b) the information is about a party’s income, expenses, employment or contact information, such as the party’s address or telephone number; (

c) the party fails to comply with an order to appear and disclose, or an order to disclose, or the party is evading service or cannot be located.

(2) The order for disclosure by a non-party must be in Form 6.13, unless otherwise authorized by a judge.

(3) In addition to an order made under subrule 6.13(1), a family court officer may make either of the following orders to obtain disclosure from a person who is not a party if the person does not file the documents as required under Rules 6.08 and 6.09: (

a) an order that a member of a party’s household, as defined in

Schedule II of the Guidelines, disclose information or produce documents required to make a calculation and comparison of household standards of living for the purposes of an undue hardship claim, as provided in

Schedule II of the Guidelines; (

b) an order that a person who is the spouse of a party file a statement of income, statement of expenses and statement of property or any one of these statements, or disclose information or produce documents required by these statements. Ex parte motion

(4) A family court officer may permit a party to make an ex parte motion for an order for disclosure by a person who is not a party if a party fails to comply with an order to appear and disclose, or an order to disclose, or the party is evading service or cannot be located.

(5) An order under this Rule may include a deadline for filing a financial statement or document. Application for disclosure by a person who is not a party

(6) A party may apply for disclosure by a person who is not a party and the affidavit in support of the application must contain all of the following: (

a) a

summary of the steps taken in the proceeding; (

b) information about the person who is not a party, including the name of the person, the name of the recognized agent of a corporation or partnership and the address of the person or recognized agent; (

c) a statement of the reasons for the party’s belief that the person has information relevant to the proceeding; (

d) a description of the information sought.

(7) A family court officer must arrange, or direct one of the parties to arrange, to personally serve a non-party with an order for disclosure by non-party, or refer the matter to a judge for direction as to service of a non-party with an order for disclosure by non-party.

(8) Despite any provision of this Rule, at any stage of the proceeding, when full financial disclosure as required by the Guidelines has not been made, the family court officer may refer the matter to a judge for direction or an order or both. © NS Office of the Registrar of Regulations. Web version. 468

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Part II - Regulations Vol. 41, Special Issue Court-based ADR 6.14 The court-based ADR process includes the following steps, and the family court officer must proceed with a step to the extent that the family court officer is satisfied that the step is necessary to promote the just resolution of the proceeding: (

a) identify the issues involved; (

b) ensure proper disclosure by the parties concerning those issues; (

c) clarify the respective positions of the parties; (

d) facilitate negotiations between the parties; (

e) assist the parties to reach a resolution; (

f) determine the next steps required in the proceeding. Court-based ADR meeting and directions 6.15

(1) A family court officer who is satisfied it may promote the just resolution of the proceeding must arrange a court-based ADR meeting or meetings and give directions for the time, place and conduct of the meeting or meetings.

(2) A family court officer who arranges a court-based ADR meeting may require a party to appear at, and to participate in, the meeting by delivering to the party a direction to appear.

(3) A direction to appear must be dated, signed and in Form 6.15.

(4) The direction to appear may be delivered by mail, or other means determined by the family court officer, and the family court officer may cause a direction to disclose under Rule 6.11 to be delivered with it. Conduct of court-based ADR 6.16

(1) A family court officer may do any of the following during the court-based ADR process: (

a) arrange a court-based ADR meeting or further court-based ADR meetings; (

b) adjourn a court-based ADR meeting; (

c) refer the parties to mediation; (

d) make an order to appear and disclose, or an order to disclose, against a party who fails to appear or disclose; (

e) prepare a draft consent order; (

f) prepare a court-based ADR record; (

g) make an order under Rule 6.13 for disclosure by a person who is not a party; (

h) make an interim order for child support under Rule 6.18; (

i) arrange for the parties to appear before a judge; © NS Office of the Registrar of Regulations. Web version. 469

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j) refer the parties to a person or agency that provides a required service; (

k) recommend to a judge that the judge order a parenting assessment report; (

l) direct any other step that may lead to a resolution of the issues.

(2) A family court officer may require a party to provide particulars of a claim at any time in the proceeding. Consent order in court-based ADR 6.17

(1) A family court officer who conducts a court-based ADR in which the parties reach an agreement on 1 or more of the issues must prepare a draft consent order that conforms with the agreement and advise each party to obtain independent legal advice about the draft consent order.

(2) A draft consent order signed by the parties must be referred to a judge for approval no less than 10 days after the day the draft order is filed, unless a party files a letter of objection in that time.

(3) When an objection to a draft consent order is filed within the time provided in this Rule 6.17, a family court officer may either refer the issues back for court-based ADR or arrange for the parties to appear before a judge. Interim order for child support 6.18

(1) A family court officer who is satisfied on both of the following may make an interim order for child support in the table amount under the Guidelines and no other amount: (

a) the party against whom the order is sought has not already been ordered to pay support for the same child; (

b) the family court officer has complete financial disclosure as provided in the Guidelines of the party against whom the order is sought.

(2) The interim order made by a family court officer in accordance with this Rule must be in Form FCO 1, unless otherwise authorized by a judge. Variation of, or setting aside, a family court officer’s order 6.19

(1) A party who fails to appear or disclose by mistake, because of insufficient notice or for other good reason, may make an application to a family court officer to set aside or vary an order made under Rule 6.11, 6.12, 6.16 or 6.18, no more than 10 days after the day the order is delivered to the party.

(2) A person affected by an order of a family court officer made under Rule 6.13 may make an application to the family court officer who made the order, to set aside or vary the order, no more than 10 days after the day the order is delivered to the person.

(3) A family court officer may set aside or vary an order made by that family court officer.

(4) If an application made under subrule (1) or (2) is dismissed by a family court officer, the family court officer must, at the request of a party, refer a proposed order to a judge, who may make any order that is just or refer it back to the family court officer with directions. © NS Office of the Registrar of Regulations. Web version. 470

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Part II - Regulations Vol. 41, Special Issue Court-based ADR record 6.20

(1) A family court officer may file a court-based ADR record at any stage of the court-based ADR process.

(2) A family court officer must file a court-based ADR record when the family court officer is satisfied that the court-based ADR process has concluded without all issues being settled, unless a judge directs otherwise.

(3) The court-based ADR record must be dated and signed by the family court officer and must be in Form 6.20.

(4) The family court officer who files a court-based ADR record must deliver a copy to each party at least 4 days before the day the parties are to appear before a judge.

(5) A party may object to any part of a court-based ADR record by filing a letter summarizing the objection no more than 2 days after the day the record is delivered to the party.

(6) The court-based ADR record constitutes evidence at the hearing, except any part that is the subject of a written objection, and that part may be considered by a judge who rules against the objection. Referral to court 6.21

(1) A family court officer must issue a notice to appear in court in Form 6.21 when the following conditions have been established: (

a) the proceeding is not withdrawn or discontinued; (

b) the proceeding is not dismissed or adjourned without day by a court officer; (

c) the proceeding is not resolved by a consent order following court-based ADR; (

d) the proceeding is not resolved by a consent order or written agreement, including a parenting plan, separation agreement or minutes of settlement, filed by a party; (

e) the applicant has filed all affidavits, documents, statements, and supporting disclosure required by this Rule; (

f) the respondent has filed all affidavits, documents, statements and supporting disclosure required by this Rule, or all reasonable steps have been taken to obtain the required information.

(2) Despite any provision of subrule (1), at any stage of the proceeding, the family court officer may refer the matter to a judge for direction, conference and/or order.

(3) A family court officer may arrange, or direct one of the parties to arrange, to personally serve a notice to appear in court upon the parties to the matter. Arrange pre-hearing conference 6.22 A family court officer may arrange a pre-hearing conference with a judge to proceed as provided in Rule 10. © NS Office of the Registrar of Regulations. Web version. 471

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Part II - Regulations Vol. 41, Special Issue Arrange settlement conference 6.23 A family court officer may arrange a settlement conference with a judge to proceed as provided in Rule 11. Parent information program 6.24

(1) A party to a proceeding that involves a child must attend the court’s parent information program, unless the party is exempted from attending under subrule (5).

(2) One of the following must occur before a proceeding that involves a child may be heard by a judge: (

a) the party initiating the proceeding provides proof of attendance at the parent information program; (

b) the party is exempted from attending under subrule (5); (

c) a court officer or judge determines the hearing must be held so quickly that attendance in the program is not possible before the hearing.

(3) The following are examples of circumstances in which a hearing may be held quickly: (

a) a party alleges that a child has been, or is likely to be, kidnapped or abducted; (

b) a party alleges that a unilateral change in the child’s physical care and custody or principal residence has occurred, or is about to occur.

(4) A party who is permitted to attend the parent information program after a hearing, because the hearing is held quickly, must arrange to attend the program as soon as possible after the hearing.

(5) A family court officer or judge may exempt a party from attending the parent information program in any of the following circumstances: (

a) before or at the first conciliation meeting, the parties make an agreement, or agree to a consent order, settling all issues that involve a child between them; (

b) a party starts the proceeding only to register an agreement; (

c) the parties attended the parent information program under this Rule no more than 12 months before the day the application is filed; (

d) other exceptional circumstances. Failure to attend

(6) A judge may make any of the following orders against a party who fails to attend a parent information program and does not obtain an exemption: (

a) costs; (

b) dismissal of a claim made by the party or allowance of a claim made against the party; (

c) an order restricting the party’s participation in a hearing; © NS Office of the Registrar of Regulations. Web version. 472

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d) any other order the judge considers will achieve justice in the circumstance. Rule 7: Notice and Place of Proceeding Place of proceeding 7.01

(1) An application or application to vary must be commenced in the county in which both parties reside.

(2) If both parties do not reside in the same county, an application must be commenced where (

a) a child who is subject to the application resides; or (

b) the applicant resides, if there is no child who is the subject of the application, unless otherwise directed by the court.

(3) On the application of a party or on a judge’s own motion, a proceeding may be transferred to another court in another district. Notice 7.02 An application may proceed only after a minimum notice period of 5 days is given, unless a judge or family court officer otherwise directs. Service 7.03

(1) Unless a judge or family court officer otherwise directs, or if these Rules or an enactment otherwise provides, the following documents must be personally served on each respondent: (

a) an application; (

b) any other documents that the court may require to be personally served.

(2) Service of a true copy of a document constitutes service of the original document, but if the person being served requests it, the person must be shown the original document or a copy of the document certified by the family court officer as being a concurrent or true copy.

(3) A person who serves a document must, at the time of service, request the person served to complete and sign in their presence the acknowledgement of service and the statement of mailing address endorsed on the document and must sign their name as witness to any signature.

(4) Service on any person of a document that is not required by these Rules to be served personally may be served in any of the following ways: (

a) by leaving the document or a copy at the person’s last known address; (

b) by mailing the document or a copy addressed to the person at their last known address; (

c) in any other manner that the court may order. Substituted service 7.04

(1) If it is impracticable for any reason to serve an application or other document required to be served personally, the court may make an order for substituted service.

(2) Substituted service may be effected by © NS Office of the Registrar of Regulations. Web version. 473

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a) serving the agent, counsel or other person likely to bring the matter to the attention of the person to be served; (

b) serving the guardian, if the person to be served is incompetent, a person under disability or an infant; (

c) a mail service requiring written acknowledgment of receipt by the intended recipient forwarded to the last known address of the person to be served; or (

d) if the address of the person to be served is unknown, by advertisement in the newspaper serving the area where the person to be served is believed to reside.

(3) If a party upon whom service is required resides out of Province or the party’s physical address cannot be determined, service may be effected by regular or electronic mail at a last known address or by any other method that the court directs.

(4) If an application is to be served on a person outside Canada or the United States of America, service of the application on the person is only permissible with the leave of the court. Affidavit of service 7.05

(1) The service of any document may be proved by an affidavit which must state all of the following information: (

a) by whom the document was served; (

b) the day of the week; (

c) the time of day; (

d) the date on which it was served; (

e) where it was served; (

f) how it was served.

(2) If the document is served by mail, service may be proved by affidavit that states the place of mailing and the address to which it was sent.

(3) A written acceptance of service of a document by a party need not be verified by affidavit. Ex parte applications and motions 7.06

(1) A notice of an ex parte application or motion must provide details of the nature of the claim being made and have attached a true copy of any affidavit to be used in support of the application.

(2) An application or motion may be made ex parte if (

a) under an enactment or Rule, notice is not required; (

b) the application or motion is made before any party is served; (

c) the applicant is the only party; © NS Office of the Registrar of Regulations. Web version. 474

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d) the application or motion is made during the course of a hearing; (

e) the judge is satisfied that the delay caused by giving notice would or is likely to cause serious harm, or that notice is not necessary.

(3) A notice of application or motion and any supporting affidavit must be filed with the family court officer before the hearing.

(4) The court may, on any terms that it thinks just, order any of the following: (

a) a notice of application or motion and any attached affidavit to be served upon any party or person in any manner and at any time as it may direct, and may adjourn any hearing to permit the service; (

b) the service of a notice of application or motion and any attached affidavit on a party or person to be dispensed with; (

c) an application or motion to be adjourned, continued, discontinued or dismissed when any person, who ought to have been served, has not been served. Rule 8: Amendment By the court 8.01

(1) The court may grant or confirm an amendment to a document at any time, in any manner and on any terms that it thinks just.

(2) If an amendment would make a document difficult or inconvenient to read, or alter the substance of the document, a new document, as amended, and bearing the date of the original document, must be filed and served on all the parties.

(3) Clerical mistakes in judgment[s] or orders, or errors resulting from any accidental mistake or omission, or an amendment to provide for any matter that should have been but was not adjudicated upon, may at any time be corrected or granted by the court without appeal. Rule 9: Motions Interlocutory step 9.01 A motion is an interlocutory step in a proceeding. Civil Procedure Rules apply 9.02 Unless a judge otherwise directs or permits, or as the context requires, Civil Procedure Rules 22, 23, 24, 27 and 28 apply to motions. Rule 10: Pre-Hearing Conferences Pre-hearing conference 10.01

(1) In any proceeding the court may, on its own motion or on the application of any party, direct the parties to appear for a pre-hearing conference to consider (

a) simplifying and clarifying the issues; (

b) the necessity or desirability of an amendment to any application, affidavit or notice; © NS Office of the Registrar of Regulations. Web version. 475

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c) the possibility of obtaining admissions of fact or documents that will avoid unnecessary proof; (

d) limiting the number of expert witnesses; (

e) settlement of 1 or more issues; (

f) organizing the hearing process including the production of documents, affidavits and exhibits and determining the witnesses who are to testify; (

g) providing interim relief when agreement is reached or when proper notice has been given and affidavit evidence is filed; (

h) any other matter that may aid in the disposition of the proceeding. Judge may give directions

(2) A judge who conducts a pre-hearing conference may give directions for the conduct of a proceeding, provide case management or make any of the following orders: (

a) appoint a time, date and place for a settlement conference if all of the parties agree to participate; (

b) set a time, date and place for a further conference to organize the hearing of the application; (

c) refer the parties to court-based ADR or mediation; (

d) order a parenting assessment report under

Section 32F of the Judicature Act or

Section 19 of the Parenting and Support Act; (

e) require a party to present direct evidence by calling a witness rather than presenting an affidavit from the witness; (

f) appoint a time, date and place for the hearing of the application; (

g) do anything that may aid the disposition of the proceeding.

(3) Following the pre-hearing conference, the judge may make an order reciting the results and giving any directions that the judge deems advisable and, once entered, the order controls the subsequent course of the proceeding, unless or until modified at another conference or a hearing to prevent injustice. Failure to appear

(4) A judge who conducts a pre-hearing conference may do any of the following if a party fails to appear: (

a) make an interim or final order, such as an order for custody, time or interaction with a child, or child support; (

b) order costs against the party; (

c) order a person who is not a party to disclose information; © NS Office of the Registrar of Regulations. Web version. 476

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d) dismiss the proceeding or motion, strike a claim, response or answer, or stay the proceeding; (

e) start contempt proceedings against the party. Family court officer may recommend

(5) A family court officer who conducts a pre-hearing conference under a designation by the Associate Chief Judge of the Family Court may recommend to a judge that the judge do anything provided in subrule (4). Rule 11: Settlement Conferences Settlement conference procedure 11.01

(1) A judge or a family court officer who is satisfied that holding a settlement conference may assist in resolving an issue in the proceeding may appoint a time, date and place for a settlement conference, at any stage of a proceeding, if all of the parties agree to participate.

(2) A judge who conducts a settlement conference may do any of the following: (

a) direct that a

summary of facts, issues and proposals be filed by each party and exchanged before a settlement conference; (

b) give further directions about the conduct of the settlement conference.

(3) A family court officer may request that the judge provide directions on filing requirements and communicate the judge’s directions to the parties before the settlement conference. Failure to comply with directions or appearance

(4) A judge may cancel a settlement conference and may make an order for costs against a party who, after agreeing to participate in a settlement conference, fails to comply with all of the following: (

a) any directions provided under this Rule; (

b) the requirement to appear at the settlement conference at the appointed date and time.

(5) Following the settlement conference, the judge may make an order reciting the results and giving any directions that the judge deems advisable and, once entered, the order controls the subsequent course of the proceeding, unless or until modified at another conference or a hearing to prevent injustice. Judge may recuse

(6) A judge who conducts at a settlement conference may recuse himself or herself from subsequent hearings. Rule 12: Paternity Testing By consent 12.01

(1) A family court officer, on the consent of the parties, may make an order for paternity testing in a proceeding in which the paternity of a child is in issue, including a blood test, genetic test or other test under subsection 27(1) of the Parenting and Support Act, and a genetic test under

Section 11B of the Vital Statistics Act. © NS Office of the Registrar of Regulations. Web version. 477

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(2) An order for paternity testing made by a family court officer in accordance with this Rule must be in Form FCO 2, unless otherwise authorized by a judge. By judge’s order 12.02 A judge may make an order for paternity testing in a proceeding in which the paternity of a child is in issue, including a blood test, genetic test or other test as is considered appropriate by the court under subsection 27(1) of the Parenting and Support Act, and a genetic test under

Section 11B of the Vital Statistics Act. Rule 13: Admissions and Expert Witnesses Voluntary admissions 13.01

(1) A party may give notice, at the hearing or otherwise in writing, that he or she admits the truth of the whole or any part of the case of any other party.

(2) The court may at any time allow any party to withdraw any admission or denial upon any terms that are just. Expert witnesses 13.02

(1) If the court requests the filing of a report under an enactment over which the court has jurisdiction, any party may, on giving reasonable notice to the other parties, call 1 expert witness to give evidence on any question unless the court otherwise approves.

(2) The court may order the filing of the report with the other party and the court at such times as the court deems reasonable.

(3) A written report of an expert witness not requested by the court is admissible only when either of the following occur: (

a) the report has been provided to the other parties at least 5 days before the start of the hearing; or (

b) the evidence is approved by the judge to be admitted on any terms that the judge deems just. Report 13.03

(1) A letter or report filed under subrule 13.02(1) from a duly qualified physician, psychologist, social worker, teacher or other professional, or from an employer respecting the income, deductions and other employment facts of an employee who is before the court, may be admitted as evidence in a hearing without calling the author of the report if a copy of the letter or report is provided to the parties at least 5 days before the hearing.

(2) A party or the court may require, on 2 days’ notice, the attendance of a person who has authored the letter or report to give evidence respecting the letter or report. Rule 14: Hearing Procedures Failure to attend 14.01

(1) When a proceeding is called for hearing and any party fails to appear, the judge may do any of the following: (

a) proceed with the hearing, or any issue of the hearing, in the absence of the party; © NS Office of the Registrar of Regulations. Web version. 478

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b) if the applicant appears and the respondent fails to appear, allow the applicant to prove the application and dismiss the response, if any; (

c) if the applicant fails to appear and the respondent appears, dismiss the application and allow the respondent to prove the response, if any; (

d) make any other order that is just, including a warrant in the first instance if a party appears to be avoiding service or is failing to respond to an application or response that the court believes the party knows to exist.

(2) A warrant made under clause (1)(

d) must be in Form 14.01, unless otherwise authorized by a judge.

(3) At the time of making the warrant, a judge may order the release of the party on the condition that the party promises to attend the hearing when it resumes and on any other conditions, such as posting security or providing a surety, as the judge considers necessary.

(4) If a party or the parties fail to attend, the court may order costs as it deems just. Adjournment 14.02 If a hearing cannot be conveniently heard or completed at a sitting, the judge may adjourn the hearing to another sitting. Exclusion of witnesses, etc. 14.03 A judge, during a hearing, may do any of the following: (

a) order any witness to be excluded from the court until called; (

b) if a party intends to give evidence, order the party to be examined before any other witness on that party’s behalf; (

c) order any party or witness not to communicate with any other witness before the latter witness gives evidence; (

d) if there has been an improper communication, exclude the testimony of any party or witness. Child testimony 14.04

(1) Unless a child is a party to a proceeding or a judge permits, a child who is under the age of majority may not file an affidavit and may not testify at a hearing, and a family court officer may refuse to accept an affidavit for filing and may not issue a subpoena that requires a child to appear at a hearing.

(2) A judge who permits a child to be a witness may give directions for the presentation of the evidence, such as directions limiting the duration of the testimony and the types of questions that may be asked and the manner in which the child is permitted to testify.

(3) A judge may, on application of a party or on the judge’s own motion, order a voice of the child assessment under

Section 19 of the Parenting and Support Act on any terms and conditions that the court considers appropriate.

(4) A child’s participation in a voice of the child assessment will be voluntary and may be explained to the child by the family court officer, a judge or the author of the report. © NS Office of the Registrar of Regulations. Web version. 479

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Part II - Regulations Vol. 41, Special Issue Copies of document for other party 14.05 A party is entitled to a copy of relevant documents to be used in a hearing on making a written request from any other party, provided the request is not calculated to delay or otherwise interfere with due process. Proof of fact or document subsequent to hearing 14.06 If by accident, mistake or other cause a party fails to prove any material fact or document, the judge may proceed with the hearing subject to the fact or document being subsequently proved in a manner and at a time and place that the court directs, subject to any terms that may be just. Order for documents 14.07

(1) The court may, at any time, do any of the following: (

a) order any party to file and serve on any opposing party to a proceeding a list of documents or affidavits; (

b) order any party to file or deliver any documents or affidavits related to the matters specified in the order; (

c) if it appears that any issue or question in the proceeding should be determined before the filing and delivery of all or any of the documents is made, order that the issue or question be determined; (

d) if satisfied that all or any of the documents are not necessary at that time or later, dismiss or adjourn the application, or make any other order that is just.

(2) If a person is compelled to produce a document at a hearing, the court may order the person to attend at any time to produce the document. Translation 14.08 The court may appoint a translator, fix reasonable compensation and order the compensation to be paid out of funds provided by law for that purpose, or by 1 or more of the parties as costs. Subpoena 14.09

(1) A family court officer who is a justice of the peace may, in the family court officer’s discretion or at the request of a party, issue a subpoena requiring the person named in the subpoena to attend the court at the time and place stated in the subpoena and, if required, to produce certain documents at the hearing.

(2) A person is bound to appear or give evidence under a subpoena despite that the person has not been paid or tendered witness fees as provided by the Costs and Fees Act.

(3) The subpoena must be in Form 14.09. Service of subpoena 14.10

(1) A copy of the subpoena must be served by personal service and if the witness so requests the original subpoena must be produced and shown.

(2) Unless otherwise ordered, a subpoena must be served no later than 2 days before the date of the hearing.

(3) Service of a subpoena may be proved by affidavit. © NS Office of the Registrar of Regulations. Web version. 480

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Part II - Regulations Vol. 41, Special Issue Duration of subpoena 14.11 A subpoena continues to have effect until the conclusion of the hearing at which the attendance of the witness is required. Subpoena of opposing party 14.12 A party who desires to call an opposing party as a witness at a hearing must serve the party, or the party’s counsel, at least 2 days before the date of the hearing with a subpoena and if the opposing party does not attend the hearing, the judge may pronounce judgment against the party or postpone the hearing upon any terms that the judge thinks just. Failure to obey subpoena 14.13

(1) If a witness fails to obey a subpoena, the judge may issue a warrant or make an order as provided in Rule 14.01, or start contempt proceedings.

(2) Without starting contempt proceedings, the judge may order the witness to indemnify a party for the expenses resulting from an adjournment caused by the witness’s failure to attend. Contempt proceedings 14.14 A judge may start a contempt proceeding, grant bail or remand a party or witness, as provided in Rule 89 of the Civil Procedure Rules, unless the court otherwise directs. Rule 15: Telephone and Video Conference Hearing by attendance in courtroom 15.01

(1) A judge may appoint a time, date and place for parties to attend before the judge in a courtroom for the hearing of an application.

(2) A party may attend the hearing in person, personally by counsel or, in the case of a corporation, personally by agent.

(3) A judge may permit a party, counsel or a corporation’s agent to attend the hearing by video conference or by telephone, if the judge is satisfied on all of the following: (

a) it is impractical or unfair to require personal attendance and personal attendance is not essential to the conduct of the hearing; (

b) attendance by telephone or video conference will save significant expense; (

c) the courtroom has been equipped with a telephone or an audiovisual system of sufficient quality that the person is as good as physically present in the courtroom. Rule 16: Affidavits Affidavit 16.01

(1) An affidavit used in a proceeding must be (

a) expressed in the first person and state the name in full, place of residence and occupation of the deponent, and if a party, or the counsel, agent or employee of a party, it must state that fact; (

b) divided into paragraphs numbered consecutively, with each paragraph being confined as far as possible to a distinct portion of the subject, and any dates, sum and other numbers may be expressed in figures; © NS Office of the Registrar of Regulations. Web version. 481

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c) signed by the deponent with the jurat completed and signed by the person before whom it is sworn or affirmed. Contents of affidavit 16.02

(1) An affidavit used on an application may contain statements as to the belief of the deponent with the sources and grounds of those beliefs.

(2) Unless the court otherwise orders, an affidavit used on a hearing must contain only those facts that the deponent is able to prove from the deponent’s own knowledge. Exhibits 16.03 An exhibit referred to in an affidavit as being produced, attached or otherwise annexed must be identified with a certificate by the person before whom it is sworn or affirmed.

Scandalous, etc., matter in affidavit 16.04 A judge may strike all or part of an affidavit that is scandalous, vexatious, irrelevant or otherwise contains inadmissible evidence. 16.05 If an affidavit is to be filed in a proceeding, the deponent must be available for cross-examination at the time of hearing. Rule 17: Counsel Counsel of record 17.01

(1) A lawyer becomes counsel of record for a person by signing and filing 1 of the following: (

a) the notice by which the party starts, defends, contests or responds to a proceeding, or seeks to become a party; (

b) a notice of new counsel; (

c) a court document after a party who had been acting on their own retains the counsel.

(2) Counsel may authorize another lawyer entitled to represent parties before the court to substitute for counsel.

(3) One counsel may start a proceeding on behalf of more than 1 person. Ceasing to be counsel of record 17.02 A lawyer ceases to be counsel of record when 1 of the following events occurs: (

a) the proceeding concludes; (

b) the lawyer is discharged and new counsel files a notice of new counsel under Rule 17.05; (

c) the lawyer is discharged, the party files a notice of intention to act on one’s own under Rule 18.01, and no trial or hearing is scheduled; (

d) the lawyer is discharged, no notice of new counsel is filed, and a judge removes the lawyer as counsel of record on application of the lawyer; © NS Office of the Registrar of Regulations. Web version. 482

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e) the lawyer finds it necessary to withdraw from being counsel, and a judge removes the lawyer on application of the lawyer. Counsel for a non-party 17.03 Counsel who represents a person who is not a party but is entitled, or is seeking to become entitled, to be heard in a proceeding must notify the parties and the court of the representation as soon as is possible. Discharge of counsel 17.04

(1) A party who discharges counsel and retains new counsel must, through the new counsel, immediately file a notice of new counsel under Rule 17.05.

(2) A party who discharges counsel and acts on their own must file a notice of intention to act on one’s own under Rule 18.01.

(3) The designated address for delivery of documents to a party does not change until the notice of new counsel, or the notice of intention to act on one’s own, is filed. Change of counsel 17.05

(1) Counsel replacing the counsel of record, or taking over for a party who was acting on their own, must file a notice of new counsel immediately.

(2) The new counsel must also provide the family court officer with information for communicating with the new counsel, such as a telephone number, fax number and e-mail address.

(3) The notice of new counsel must be in Form 17.05.

(4) New counsel must deliver a copy of the notice to the former counsel, and to each party entitled to notice in the proceeding. Party acting on own after discharging counsel 17.06 A party who discharges counsel and wishes to act on their own must file a notice of intention to act on one’s own, provide all required information and deliver a copy as provided under Rule 18: Acting on One’s Own. Information provided by family court officer 17.07 The family court officer must, before accepting for filing a notice of intention to act on one’s own, provide the information required to be provided by the family court officer under Rule 18: Acting on One’s Own. Counsel for limited purpose 17.08

(1) A judge may permit a lawyer to act as counsel for a limited purpose on behalf of a party who otherwise acts on their own.

(2) A judge may require a party who acts on their own to retain counsel for a limited purpose, such as for discovery or cross-examination of a witness who may suffer serious emotional harm if required to communicate directly with the party. Duty of discharged counsel 17.09

(1) A lawyer who is discharged by a party the lawyer represented as counsel must complete all tasks the lawyer undertook to perform for the court, or was directed to perform for the court, such as to draft and submit a form of order. © NS Office of the Registrar of Regulations. Web version. 483

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(2) A lawyer who is discharged after a time and date have been appointed for the hearing of an application, proceeding for judicial review, appeal or motion must personally appear before the judge assigned to preside at the trial or hearing to be removed as counsel of record, unless a notice of new counsel is filed or the judge permits otherwise.

(3) If a judge has not been assigned, or the assigned judge is unavailable, the lawyer may appear before any judge. Withdrawal of counsel 17.10

(1) Counsel who finds it necessary to withdraw must make a motion to be removed as counsel of record.

(2) Counsel who makes a motion for an order to be removed as counsel of record must deliver the notice of motion to the party counsel represents or represented, unless a judge orders otherwise. New designated address for delivery 17.11 A lawyer who is discharged as counsel or withdraws, and whose address is the address designated for delivery to the party the lawyer represented, may make a motion for an order designating a new address for delivery. Rule 18: Acting on One’s Own Party acting on own 18.01

(1) A party may act on their own, in accordance with this Rule.

(2) A party who wishes to act on their own must attend the office of the family court officer to file a notice of intention to act on one’s own, or the family court officer may make arrangements for the notice to be filed.

(3) The notice of intention to act on one’s own must be in Form 18.01.

(4) The party must also provide the family court officer with information for communicating with the party, such as a telephone number, fax number and e-mail address as the family court officer directs.

(5) The party must immediately deliver a copy of the notice to the former counsel, and to each party entitled to notice in the proceeding. Information for party acting on their own 18.02

(1) The family court officer must inform a party acting on their own of how the party, or a person assisting the party, can find these Rules, and instruct the party on all of the following: (

a) these Rules apply to the party and the proceeding; (

b) the party must make best efforts to understand these Rules and to comply with them; (

c) it is improper to communicate with a judge outside a trial or hearing, unless the family court officer or a member of the judge’s office gives permission and every effort is made to include all parties in the communication; (

d) subject to Rule 18.03 the party must communicate with a represented party regarding the proceedings only through that party’s counsel, unless counsel gives written © NS Office of the Registrar of Regulations. Web version. 484

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Part II - Regulations Vol. 41, Special Issue permission to contact the party directly; (

e) each party must maintain the designated address so that everything delivered there is received by the party, and the party will be taken to have received the document even if the party fails to get it.

(2) The family court officer may refuse to file a document from a party acting on their own until the party has received the required instructions.

(3) The family court officer must file a statement that the required instructions were provided to the party acting on their own. Further information 18.03 The family court officer may provide information to a party acting on their own about the Rules and practices of the court. Party requiring counsel 18.04 Individuals represented by a litigation guardian must be represented by counsel, unless a judge allows otherwise. Assistant 18.05

(1) A judge may permit a person to assist, and if necessary speak on behalf of, an individual party at a trial or hearing.

(2) A party on behalf of whom an assistant is permitted to speak must be present when the assistant speaks, unless a judge allows otherwise. Restrictions on agent or assistant 18.06

(1) A person may not speak for a party at a trial or hearing unless the person is within subsection 16(2) of the Legal Profession Act, is the appointed agent of a corporate party or has the permission of a judge to speak on behalf of a party.

(2) The presiding judge may withdraw permission for a person to assist, or speak for, an individual party. Communicate with counsel 18.07

(1) Counsel may direct a party acting on their own to communicate only through counsel, and not directly with the party counsel represents.

(2) Counsel’s direction may be absolute or limited to subjects or circumstances.

(3) A party who is directed by counsel about communicating with the party represented by counsel must comply with the direction. Communication with the court 18.08

(1) All communication regard[ing] a proceeding must be through a family court officer and must not be directly addressed to a judge.

(2) A person may only communicate directly with a judge about a proceeding if the judge expressly permits the communication. © NS Office of the Registrar of Regulations. Web version. 485

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Part II - Regulations Vol. 41, Special Issue Rule 19: Withdrawal Notice of withdrawing 19.01

(1) At any time after a proceeding is begun provided that no order has been made in the proceeding: (

a) an applicant may withdraw the application in the proceeding, or withdraw any portion of relief sought in an application, against any respondent; and (

b) a respondent may withdraw the response or any portion of relief sought in the response against any applicant.

(2) A party who seeks to withdraw from a proceeding, or an application, response or any portion of relief sought, must file and serve a notice of withdrawing in Form 19.01. Order for costs, continuation or subsequent proceeding 19.02 Upon the filing of a notice of withdrawing, the court may grant an order containing any terms as to costs, the continuation of the proceeding or bringing of any subsequent proceeding, or otherwise, that are just and within the jurisdiction of the court.

Effect of withdrawal 19.03 The discontinuance of a proceeding or withdrawal of an application or response does not bar a person from making a subsequent application for the same relief, or substantially the same relief, unless otherwise ordered by the court. Rule 20: Orders Effective date 20.01 A decision of the court is effective on the date made, unless otherwise provided. Requiring

an act to be done 20.02 An order that requires a person to do or refrain from doing any act must specify the time within which the person is to do or refrain from doing the act. Preparation of an order 20.03 An order must be drawn by the successful party, or by the court as the circumstances warrant, and entered with the family court officer provided that when an order is not entered within 10 days after the date that the judgment, decision or direction is given, any other party may draw up, settle and enter the order. Finalizing operative terms of order 20.04

(1) A judge who decides to grant a draft order filed by a party may approve the draft and cause the order to be issued.

(2) In the absence of directions to the contrary by a judge, all of the following procedures apply to drafting and settling an order: (

a) the successful party must prepare a draft order with a place for each party to consent to the form of the order and submit the draft to each other party no more than 10 days after the day the judge’s decision is communicated; (

b) the party to whom a draft order is submitted must, no more than 5 days after the day the draft is delivered, either object to the draft by delivering to the other party a concise © NS Office of the Registrar of Regulations. Web version. 486

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Part II - Regulations Vol. 41, Special Issue statement of the objection and an alternate draft order, or sign in the place provided for consent to form; (

c) a party who fails to object to, or sign, the draft order in the required time is taken to consent to the form; (

d) the applicant must deliver a draft order consented to form, or a draft order with a copy of the statement of an unresolved objection, to the judge no more than 20 days after the day the judge’s decision is communicated; (

e) the judge may settle the terms of the order or direct that a dispute be resolved by attendance of the parties and/or counsel before the court or by correspondence as the judge directs; (

f) the judge who resolves a dispute about the form of order may direct that a final draft be delivered to the judge without consent.

(3) A judge who presides at a settlement conference at which the parties reach agreement may direct a party to prepare an order that conforms with the agreement.

(4) A judge, other than the judge who makes the decision, may settle the form of an order and approve a draft order, if the judge who makes the decision is unable to approve the order or gives permission for another judge to do so. Issue of order 20.05

(1) An order must contain all of the following information: (

a) the title of the proceeding; (

b) the name of the judge who granted the order; (

c) recitals of the proceedings on which the order is based; (

d) the operative parts of the order divided into convenient paragraphs; (

e) the date the decision was rendered as well as the date the order is issued; (

f) the name and seal of the court and the name of the judge who authorized the order; (

g) the signature of the family court officer by whom it is issued.

(2) The contents of an order are prescribed by these Rules and may be in Form FCO 3 with any variation that a judge requires or the circumstances require. Certification of order 20.06 Subject to subrule 6.03(7) an order must be certified by a family court officer by signing a copy, certifying it is a true copy and affixing the seal of the court. Rule 21: Costs Award and collection 21.01

(1) The amount of costs is awarded at the discretion of the judge. © NS Office of the Registrar of Regulations. Web version. 487

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(2) Costs may be collected in accordance with the procedure provided for collection of support or in any other manner that the court directs.

(3) Costs, at the discretion of the court, may be payable to the court, the party, the party’s counsel or any other person that the court directs.

(4) Costs, at the discretion of the judge, may be payable to the court, the party, the party’s counsel or any other person that the judge directs. Judgement including costs 21.02 A judgment entered under

Section 39 of the Parenting and Support Act may be for costs and for a sum not exceeding the amount outstanding on the support order as of the date of entry of judgment. Rule 22: Execution and Garnishee Orders Civil Procedure Rules apply 22.01 Subject to Rule 22.02, the Civil Procedure Rules respecting execution orders apply to the Family Court. Garnishee order 22.02

(1) In the absence of arrears of support, an order for execution in the nature of garnishee, referred to in this Rule as a “garnishee order”, must be made inter parties.

(2) A garnishee order may be made ex parte for arrears of no more than 12 months upon application by a creditor or family court officer under a support order accompanied by an affidavit proving all of the following: (

a) the existence of the order for support; (

b) history and amount of arrears; (

c) name and address of the employer of the debtor.

(3) Unless otherwise ordered by the court, if there are arrears of support, wages must be garnished monthly in an amount equal to 125% of the support order, calculated monthly, until further order of the court.

(4) Unless the court otherwise directs, a garnishee order must be in Form 22.02. Wages garnished

(5) Wages garnished must be remitted to the court.

(6) Wages garnished and received by the court or the Sheriff must be applied first to ongoing support and secondly to arrears, if any. Amended garnishee order

(7) If a garnishee order is in existence, the court must, upon the granting of an order varying the support order upon which the garnishee order is based, issue an amended garnishee order for the current amount of the support order. Employer to answer

(8) An employer upon whom a garnishee order is served must immediately answer any interrogatory sent to the employer by the family court officer. © NS Office of the Registrar of Regulations. Web version. 488

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Part II - Regulations Vol. 41, Special Issue Rule 23: Transfer and Consolidation of a Proceeding and Exercise of Jurisdiction by Another Judge Transfer of a proceeding 23.01 The court may at any time order a proceeding to be transferred to another office of the Family Court and when transferred the proceeding must be entitled and continued in the latter office.

Consolidation 23.02 If 2 or more proceedings are pending in the court, the court may order the proceedings to be consolidated on any terms that it thinks just, or may order them to be tried at the same time, or one immediately after another, or may order any of them to be stayed until after the determination of any other of them. Exercise of jurisdiction 23.03

(1) If an application ought to be made to, or any jurisdiction exercised by, a judge before whom a proceeding has been heard or tried in whole or in part, and the judge dies, retires or ceases for any reason to be a judge of the court, or for any other reason it is impossible or inconvenient for the judge to act in the proceeding any judge of the court may, either by a special order in the proceeding, or by a general order applicable to any class of proceeding, nominate another judge to whom the application may be made or by whom the jurisdiction may be exercised.

(2) A judge nominated under subrule (1) may make an order or render a judgment in a proceeding on the evidence already adduced or may rehear evidence. The Rules are further amended by (

a) repealing the Personal Representation Form and Forms FC1, FC2, FC3, FC4, FC5, FC6, FC7, FCO 1, FCO 2, FCO 3, 6.02A, 6.02B, 6.02C, 6.02D, 6.11, 6.12A, 6.12B, 6.13, 6.15, 6.20 and 6.21; and (

b) adding the Personal Representation Form and Forms FC 1, FC 2A, FC 2B, FC 3, FC 4, FC 5, FC 6, FC 7, FC 8, FCO 1, FCO 2, FCO 3, 6.02A, 6.02B, 6.02C, 6.02D, 6.11, 6.12A, 6.12B, 6.13, 6.15, 6.20, 6.21, 14.01, 14.09, 17.05, 18.01, 19.01 and 22.02, in the forms attached, immediately before Form 24.02A. [Please note: Unless otherwise noted, square brackets in these Family Court forms do not indicate editorial corrections made by the Office of the Registrar of Regulations. They are part of the forms.] © NS Office of the Registrar of Regulations. Web version. 489

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Part II - Regulations Vol. 41, Special Issue Personal Representation Form Designated Address for Delivery of Documents Name: Address: Postal Code: Telephone numbers: Home: Cell: Work: Other: E-mail: File number(s): I am the G Applicant G Respondent Certificate I certify that the above civic address is my address for receiving court documents, and any court document sent, mailed or delivered to this address will be treated by the court as though I received it personally.

Date Signature Change of address If my civic address noted above changes, I undertake to immediately notify a Family Court Officer, in writing, of my new address where I can receive documents in relation to this proceeding. If I do not do this, I understand my application, action, response or answer could be dismissed, or proceed in my absence, without further notice to me. Date Signature PLEASE NOTE: This information on these pages will be placed in the court file .

Personal Representation I acknowledge: Initials _____ I am acting on my own behalf in these legal proceedings at this time. © NS Office of the Registrar of Regulations. Web version. 490

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Part II - Regulations Vol. 41, Special Issue _____ I have been advised by Family Court staff to seek legal advice from a lawyer who is a practising member of the Nova Scotia Barristers’ Society, so that I can be informed about my rights and obligations in relation to this legal proceeding. _____ I understand that there are risks involved if I do not obtain legal advice or if I represent myself in this legal proceeding. _____ I do not hold the Family Court staff responsible for the form or content of any of the documentation I have signed, prepared or filed as I am acting on my own behalf and I am responsible for the documentation that I have signed, prepared or filed. _____ I understand that Family Court staff cannot provide me with legal advice. _____ I have been provided with a list of legal services which gives me information on some of the ways in which I may be able to obtain legal advice or representation. ________________________________________________________________ Form FC 1: Statement of Contact Information and Circumstances Form FC 1 20 No.

Family Court for the Province of Nova Scotia Between: Applicant and Respondent Statement of Contact Information and Circumstances Please complete all sections regarding your case. Please print in blue ink. You may discuss the shaded sections for contact information and service directions with a court officer before completing these sections.

Section A Information about you. (APPLICANT) Information about the person against whom you are making this application. (RESPONDENT) Name Last Name: First Name: Middle Name: Other/Previous Names: Last Name: First Name: Middle Name: Other/Previous Names: Gender G Male G Female G Male G Female © NS Office of the Registrar of Regulations. Web version. 491

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Part II - Regulations Vol. 41, Special Issue Birth Date Day Month Year Day Month Year Telephone Home: Business: Message: Other: E-mail: Fax: Home: Business: Message: Other: E-mail: Fax: E-mail Fax Address P.O. Box: Apt. No.: Street: City/Town: Province: Postal Code: Special directions to accommodate service of documents: P.O. Box: Apt.

No.: Street: City/Town: Province: Postal Code: Special directions to accommodate service of documents: Legal G Yes G No G Maybe If yes: Lawyer’s Name: Firm Name: Address: Phone: E-mail: Fax: G Yes G No G Maybe If yes: Lawyer’s Name: Firm Name: Address: Phone: E-mail: Fax: Counsel Current G Married G Separated G Spousal/Common Law Relationship G Single G Married G Separated G Spousal/Common Law Relationship G Single Marital Status Income G Employment Income (salary/wages) G Commission/Bonuses/Overtime G Self-employed G Income from a Partnership/Corporation G Employment Insurance G Social Assistance/Family Benefits G Workers’ Compensation G Pension Income G Income from a Trust G Employment Income (salary/wages) G Commission/Bonuses/Overtime G Self-employed G Income from a Partnership/Corporation G Employment Insurance G Social Assistance/Family Benefits G Workers’ Compensation G Pension Income G Income from a Trust G Other Explain: G Other Explain: © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 41, Special Issue Occupation Occupation: Employer Information Name: Address: Phone Number: E-mail: Fax: G Other Places of Employment: Occupation: Employer Information Name: Address: Phone Number: E-mail: Fax: G Other Places of Employment:

Section B Relationship Between Applicant and Respondent G Married Date of Marriage: Date of Separation: G Spousal/Common Law Date Spousal/Common-Law Relationship began: Date of Separation: G Single G Parent of Applicant’s Child G Other Explain:

Section C List below the full names this Application. and dates of birth of all children who are the subject of Last Name Given Names (underline name used) Date of Birth Gender (M/F) Presently Living With © NS Office of the Registrar of Regulations. Web version. 493

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Section D Most Recent Court Order or Written Agreement Most Recent Court Order (if any): Date Issued: Court: File Number: Most Recent Written Agreement (if any): Date: ________________________________________________________________ Form FC 2A: Parenting Statement Form FC 2A 20 No.

Family Court for the Province of Nova Scotia Between: Applicant and Respondent Parenting Statement Completed by: [first and last name of person] Completed on: [day/month/year] You are advised to seek legal advice if you need help in completing this form. [The term “child/children” in this document means the child or any of the children who are the subject of the court application.] [If you do not have enough room to give information in any section, please attach extra page(

s) and mark with the

section number.] © NS Office of the Registrar of Regulations. Web version. 494

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Section 1: CHILD’S CURRENT LIVING ARRANGEMENTS Please describe who each child lives with at present: Child’s Last Name Child’s First and Middle Names Date of Birth (d/m/y) Presently Living With (e.g., mother, father, etc.)

Section 2: PARENTING HISTORY My relationship to the child/children: G Parent G Step-parent or guardian G Other: Relationship between the parties: G Have not lived together G Lived together from _________________ to _________________ G Married: Date of marriage: _________________ Date of separation: _________________ G Other [describe circumstances]:

Section 3: CURRENT PARENTING TIME AVAILABILITY G G G I am a stay-at-home parent/guardian. I work regular days and hours from [day] to [day] and from [hour] to [hour]. I work shift work, and my regular pattern of days and hours is as follows: [describe] G I work part-time, with irregular days and hours as follows: [describe] © NS Office of the Registrar of Regulations. Web version. 495

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Part II - Regulations Vol. 41, Special Issue G I am not working because: G I am unemployed. G I am on maternity or paternity leave. G I am disabled. G I am financially supported by: [describe person or circumstances] G other: [describe circumstances]

Section 4: CHILD CARE REQUIREMENTS G I do not require child care. G I do require child care for [names] G Child care is provided by: G a child care facility: [describe] G a person: [give name] G an after-school program: [describe] G other: [describe] G My child attends special programming because of special needs or disabilities: [when applicable, name each child and describe] PARENTING ARRANGEMENTS PROPOSAL I propose the following parenting arrangements for the child/children of the relationship.

Section 5: DECISION-MAKING [Please mark one option with an X to show the arrangement you are proposing and fill in the name.] G Sole decision-making responsibility for the child/children: [name of parent/guardian] will make the parenting decisions. G Shared decision-making responsibility for the child/children: [name of parent/guardian] and I will make the parenting decisions together. © NS Office of the Registrar of Regulations. Web version. 496

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Part II - Regulations Vol. 41, Special Issue G Specific shared decision-making responsibility for the child/children: I will make decisions about: G health care G education G religion G culture G extracurricular activities G other: [describe] and [name of parent/guardian] will make decisions about: G health care G education G religion G culture G extracurricular activities G other: [describe] and together we will make decisions about: G health care G education G religion G culture G extracurricular activities G other: [describe] © NS Office of the Registrar of Regulations. Web version. 497

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Section 6: LIVING ARRANGEMENTS [Must choose only one] I propose the following living arrangements for the child/children: G The child/children will live with me most of the time. [Go to Regular

Schedule 7A for Parenting Time proposal and complete.] G The child/children will live with [name of parent/guardian] most of the time. [Go to Regular

Schedule 7A for Parenting Time proposal and complete.] G The child/children will live with both me and [name of parent/guardian] for an equal or almost equal amount of the time. [Go to Regular

Schedule 7B for Parenting Time proposal and complete.] G At least one child will live with me and at least one child will live with [name of parent/guardian] most of the time. [Go to Regular

Schedule 7C for Parenting Time proposal and complete.] G Arrangements with other households: [describe and provide separate schedule]

Section 7: PARENTING TIME—REGULAR

SCHEDULE [Must choose only one of 7A, 7B or 7C or provide separate schedule] Regular

Schedule 7A I propose the following

schedule for the child/children: [select one] G The child/children will live with me most of the time and will be cared for by [name of other parent/guardian] for the parenting time that I propose below. G The child/children will live with [name of other parent/guardian] most of the time and will be cared for by me for the parenting time that I propose below. The parenting time I propose is: G Every second weekend beginning [day] at [ a.m./p.m.] until [day] at [ a.m./p.m.].

G Every second weekend from the end of the child/children’s school day at [a.m./p.m.] until Monday morning when the child/children are to be returned to school. G On the week that the other parent/guardian does not have weekend time, every [day or days] at [ a.m./p.m.] until [day] at [ a.m./p.m.]. G On days and times we have agreed upon, based on reasonable requests for reasonable times. G At times and places I have agreed upon, or the court orders, with supervision of parenting time. [Use “my” or name of parent/guardian.] © NS Office of the Registrar of Regulations. Web version. 498

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Part II - Regulations Vol. 41, Special Issue G At times determined with and supervised through a Supervised Access and Exchange (SAE) program (may not be available in all areas). G Other regular schedule: [describe in detail when the child/children will be living in your home and in the other parent/guardian’s home]

Section 7: PARENTING TIME—REGULAR

SCHEDULE [Must choose only one of 7A, 7B or 7C or provide separate schedule] Regular

Schedule 7B The child/children will live with both me and [name of parent/guardian] for an equal or almost equal amount of time. I propose the following

schedule for the child/children: G Starting on [date: day/month/year] the child/children will be cared for in my home every second week: from: [day of the week] at [ a.m./p.m.] until: [day of the week] at [ a.m./p.m.] and on the other weeks, they will be cared for by the person named above. G Other regular schedule: [describe in detail when the child/children will be living in your home and when they will be in the other parent’s/guardian’s home]

Section 7: PARENTING TIME—REGULAR

SCHEDULE [Must choose only one of 7A, 7B or 7C or provide separate schedule] Regular

Schedule 7C I propose that me] will live with me most of the time and [name(

s) of child/children to live with other parent/guardian] will live with other parent/guardian] most of the time. [name(

s) of child/children to live with [name of The child/children who will live in my home will be cared for by the other parent/guardian: G On days and times that we have agreed upon, based on reasonable requests for reasonable times. G Other regular schedule: [describe in detail when the child/children will be living in your home and when they will be in the other parent’s/guardian’s home] © NS Office of the Registrar of Regulations. Web version. 499

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Part II - Regulations Vol. 41, Special Issue The child/children who will live in the other parent’s/guardian’s home will be cared for by me: G On days and times that we have agreed upon, based on reasonable requests for reasonable times G Other regular schedule: [describe in detail when the child/children will be living in the other parent’s/guardian’s home and when they will be in your home]

Section 8: PARENTING TIME—ADDITIONAL SCHEDULES 8a. Long Weekends If a holiday falls on a Monday or Friday, will the child/children remain with the parent/guardian who has them on the weekend? G Yes The parent/guardian who has the child/children on the weekend under the regular

schedule will keep the child/children until G Monday evening G Tuesday morning G Other: G No Long Weekends are to be shared alternating year by year. To begin this year [date] I will care for the child/children for the weekends I have marked and the other parent/guardian will have the weekends I have not marked: G Heritage Day weekend G Victoria Day weekend G Canada Day weekend when it occurs G August holiday weekend G Labour Day weekend G Thanksgiving weekend G Remembrance Day weekend when it occurs G Other: [describe] © NS Office of the Registrar of Regulations. Web version. 500

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Part II - Regulations Vol. 41, Special Issue 8b. Christmas or December to January Break The child/children will: G Alternate and split time on Christmas Day : between homes in even and odd years with one parent/guardian caring for the child/children from [date and time] until [time] on Christmas Day and the other parent/guardian caring for the child/children from that time on Christmas Day until [date and time].

G Alternate and split time between Christmas Eve and Boxing Day : between homes in even and odd years with one parent/guardian caring for the child/children from [time] on Christmas Eve until [time] on Christmas Day and the other parent/guardian caring for the child/children from that time on Christmas Day until [time] on Boxing Day.

G Alternate and split time over full Christmas/New Year holiday : between homes in even and odd years with one parent/guardian caring for the child/children from after school at the beginning of the school break until [time] on Christmas Day and the other parent/guardian caring for the child/children from that time on Christmas Day until [time] on the day before they must return to school.

G Alternate between homes in even and odd years with one parent/guardian caring for the child/children from after school at the beginning of the school break until [time] on Christmas Day and the other parent/guardian caring for the child/children from that time on Christmas Day until that parent/guardian returns them to school the morning of the day they must return to school. G Other: I request the alternating

schedule above and request I have all [choose “even” or “odd”] years. 8c. Easter Break The child/children will: G Alternate and split time on Easter Saturday : between homes in even and odd years with one parent/guardian caring for the child/children from after school at the beginning of the school break until [time] on Easter Saturday and the other parent/guardian caring for the child/children from that time on Easter Saturday until that parent/guardian returns them to school the morning of the day they must return to school.

G Alternate and split time on weekend: between homes in even and odd years with one parent/guardian caring for the child/children from [day and time] until [day and time] and the other parent/guardian caring for th e child/children from that time until [day and time]. G Other: I request the alternating

schedule above and request I have all [choose “even” or “odd”] years. © NS Office of the Registrar of Regulations. Web version. 501

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Part II - Regulations Vol. 41, Special Issue 8d. March Break The child/children will: G Alternate and split time during week : between homes in even and odd years with one parent/guardian caring for the child/children from after school at the beginning of the school break until Wednesday at [time] and the other parent/guardian caring for the child/children from that time until that parent/guardian returns them to school the morning of the day they must return to school.

G Alternate entire week and both weekends annually : between homes in even and odd years with one parent/guardian caring for the child/children for the entire March break including the weekends at the beginning and at the end of the break. G Alternate entire week annually: between homes in even and odd years with one parent/guardian caring for the child/children for the entire March break starting at [time] on Sunday at the start of the break until [time] on Sunday at the end of the break. G Other: I request the alternating

schedule above and request I have all [choose “even” or “odd”] years. 8e. Summer Holiday/School Break Describe in detail when the child/children will be in your home and when they will be in the other parent’s/guardian’s home: 8f. Notice Requirements for Vacations/Holidays Describe in detail the amount of advance notice you require to

schedule vacation times and holidays each year: 8g. Child’s/Children’s Birthdays G I will share parenting time on the child’s/children’s birthdays when I receive reasonable requests for a reasonable sharing of time and transportation. G The child’s/children’s birthdays can be celebrated in the home of the parent/guardian who has the child/children in their care on that day. 8h. Other parenting time G I will agree to additional parenting time when I receive reasonable requests for reasonable times. G I will not agree to any additional parenting time. © NS Office of the Registrar of Regulations. Web version. 502

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Part II - Regulations Vol. 41, Special Issue G I will change parenting times when I receive a reasonable request to make a change with reasonable changes detailed. G I will not agree to any changes to parenting times.

Section 9: TRANSPORTATION BETWEEN HOMES G The other parent/guardian will pick up the child/children from my home and I will go to their home to pick up the child/children and return them to my home. G I will take child/children to other parent/guardian home and the other parent/guardian will return the child/children to my home. G The other parent/guardian will pick up the child/children from my home and return the child/children to my home. G I will take the child/children to the other parent’s/guardian’s home and I will go to their home to pick up the child/children and return them to my home.

G The other parent/guardian will pick up and return the child/children from and to school for the regular parenting

schedule and from and to my home when the child/children are not in school. G The other parent/guardian will pick up and return the child/children from and to the child care provider. G I will meet the other parent/guardian at [name the location]. G I will meet the other parent/guardian at a neutral location that we select and agree upon from time to time. G I will make this decision with the other parent/guardian depending on what is required by us and the child/children from time to time. G Other: [describe]

Section 10: INTERACTION PROPOSAL In addition to my parenting time, I propose the following interaction with the child/children: G Attend the following activities: [describe, for example: school events, extracurricular activities, religious and cultural events] G Communicate with each child in writing by: [describe, for example: letters, e-mails, texts] With the following frequency: [describe frequency: number of times per week or month] © NS Office of the Registrar of Regulations. Web version. 503

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Part II - Regulations Vol. 41, Special Issue G Communicate with each child verbally by: [describe, for example: telephone, Internet conferencing] With the following frequency: [describe frequency: number of times per week or month] G Other: [describe] I declare that the above information is accurate to the best of my knowledge. Date Signature Full name [please print] ________________________________________________________________ Form FC 2B: Statement of Contact Time and Interaction Form FC 2B 20 No.

Family Court for the Province of Nova Scotia Between: Applicant and Respondent Statement of Contact Time and Interaction Completed by: [first and last name of person] Completed on: [day/month/year] You are advised to seek legal advice if you need help in completing this form. [The term “child/children” in this document means the child or any of the children who are the subject of the court application.] [If you do not have enough room to give information in any section, please attach extra page(

s) and mark with the

section number.] © NS Office of the Registrar of Regulations. Web version. 504

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Part II - Regulations Vol. 41, Special Issue

Section 1: RELATIONSHIP TO CHILD Please describe your relationship to each child: Child’s Last Name Child’s First and Middle Names Date of Birth (d/m/y) Relationship (e.g. grandmother, grandfather, aunt, uncle, etc.)

Section 2: RELATIONSHIP BETWEEN PARTIES Relationship between the parties: G I am a parent of [name of parent/guardian of child/children]. G I am a relative of [name of parent/guardian of child/children]. G Other: [describe relationship]

Section 3: CURRENT CONTACT TIME/INTERACTION AVAILABILITY G I work from home. G I am retired and not working. G I work regular days and hours from [day] to [day] and from [hour] to [hour]. G I work shift work, and my regular pattern of days and hours is as follows: [describe] G I work part-time, with irregular days and hours as follows: [describe] G I am not working because: G I am unemployed. G I am on maternity or paternity leave. G I am disabled. G I am financially supported by: [describe person or circumstances] © NS Office of the Registrar of Regulations. Web version. 505

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Part II - Regulations Vol. 41, Special Issue G Other: [describe circumstances]

Section 4: REASONS FOR REQUESTING AN ORDER G I have asked for contact or interaction with the child/children and all of my requests have been refused. G I have not had any contact or interaction with the child/children since [date]. G Other: [describe circumstances]

Section 5: CONTACT TIME PROPOSAL I propose the following regular

schedule for contact time with the child/children: G A weekend visit once every [describe time period: week/month/number of weeks/months] beginning [day] at [ a.m./p.m.] until [day] at [ a.m./p.m.]. G A weekday visit once every [describe time period: week/month/number of weeks/months] beginning [day] at [ a.m./p.m.] until [day] at [ a.m./p.m.]. G At times and places I have agreed upon, or the court orders, with supervision of my contact time by [name]. G At times determined with and supervised through a Supervised Access and Exchange (SAE) program (may not be available in all areas).

G Other: [describe when the child/children will be in your care] I propose the following contact time with the child/children during holidays: G No additional time beyond the regular

schedule for contact time. G Additional contact time: [describe each holiday and time request in detail] © NS Office of the Registrar of Regulations. Web version. 506

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Part II - Regulations Vol. 41, Special Issue

Section 6: TRANSPORTATION BETWEEN HOMES G I will pick up the child/children from the home of the parent/guardian [name] and return the child/children to the parent’s/guardian’s home. G I will go to the home of the parent/guardian [name] to pick up the child/children and the parent/guardian will pick up the child/children from my hom e. G I will meet the parent/guardian [name] at [name the location] to pick up and drop off the child/children. G I will pick up and return the child/children to and from the child care provider or school. G Other: [describe]

Section 7: INTERACTION PROPOSAL I propose the following interaction with the child/children: G Attend the following activities: [describe, for example: school events, extracurricular activities, religious and cultural events] G Send cards or gifts: [describe when, for example: birthday, holidays, special events] G Receive cards or gifts: [describe when, for example: birthday, holidays, special events] G Communicate with each child in writing by: [describe, for example: letters, e-mails, texts] With the following frequency: [describe frequency: number of times per week or month] G Communicate with each child verbally by: [describe, for example: telephone, Internet conferencing] With the following frequency: [describe frequency: number of times per week or month] G Receive photographs of each child from a person named in the order G Receive information regarding the health, education and well-being of each child from a person named in the order G Other: [describe] © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 41, Special Issue I declare that the above information is accurate to the best of my knowledge. Date Signature Full name [please print] ________________________________________________________________ Form FC 3: Statement of Income Form FC 3 20 No. Family Court for the Province of Nova Scotia Between: Applicant and Respondent Statement of Income of prepared on , 20___ I [make oath/affirm] and give evidence as follows: 1.

The following chart converts my gross income as stated on my filed or attached [ pay stub/[description of document]] to a monthly figure. [If you have two income sources, use one chart for each source.] First income source: [name of source] GROSS INCOME - MONTHLY CONVERSION CHART MY PAY PERIOD CONVERSION FORMULA MONTHLY INCOME Weekly $ × 4.33 $ Every second week $ × 2.17 $ Twice per month $ × 2 $ Monthly $ © NS Office of the Registrar of Regulations. Web version. 508

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Part II - Regulations Vol. 41, Special Issue Second income source: [name of source] GROSS INCOME - MONTHLY CONVERSION CHART MY PAY PERIOD CONVERSION FORMULA MONTHLY INCOME Weekly $ × 4.33 $ Every second week $ × 2.17 $ Twice per month $ × 2 $ Monthly $ 2. The following is a statement of my current monthly income from all sources: GROSS MONTHLY INCOME AMOUNT COMMENTS

A) Gross Salary or Wages or Net Professional Income

B) Overtime/Commissions/Bonuses

C) Employment Insurance Benefits

D) Social Assistance/Family Benefits

E) Pension Income

F) Actual Dividends Received Before Gross-up

G) Income From Trust

H) Investment Income

I) Other:

J) Other:

K) Other:

L) SUBTOTAL

M) Deduct Union Dues

N) Deduct Other

Schedule III Adjustments

O) TOTAL MONTHLY INCOME (FOR TABLE AMOUNT CHILD SUPPORT)

P) Canada Child Benefit

Q) GST credit

R) TOTAL MONTHLY INCOME © NS Office of the Registrar of Regulations. Web version. 509

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Part II - Regulations Vol. 41, Special Issue Total Monthly Income for table amount: (Line O, above) $ × 12 Total Annual Income for table amount: $ 3. Attached are true copies of my personal income tax returns filed with the Canada Revenue Agency for the 3 most recent taxation years. 4. Attached are true copies of Notices of Assessment (or Re-assessment) issued by the Canada Revenue Agency for each of the 3 most recent taxation years. 5.

THE FOLLOWING ITEMS MARKED WITH AN ‘X’ APPLY TO ME: G I AM AN EMPLOYEE: Attached is a true copy of my 2 most consecutive recent statements of earnings or pay stubs indicating my total earnings paid in the year to date, including overtime [or instead, a letter from my employer setting out my annual salary or remuneration, my earnings to date for this year, including overtime].

G I AM UNEMPLOYED: Attached is a statement of my income to date this year from: [Include particulars of all income received by way of employment insurance benefits, social assistance, pension income, Workers’ Compensation, disability or such other benefits or income that may apply. If a statement of income is not available, provide a letter from the applicable source of income stating the required information.] G I AM SELF-EMPLOYED: I am self-employed and attached are: (

i) true copies of the financial statements of my [business/professional practice (other than a partnership)] for the 3 most recent taxation years; and (ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm’s length. G I AM A MEMBER OF A PARTNERSHIP: I am a partner in the partnership known as [name of partnership] and attached is confirmation of my current income and draw from that partnership and my capital in the partnership for the 3 most recent taxation years. G I CONTROL A CORPORATION: (

i) Attached are true copies of the financial statements for the corporation [name of corporation], in which I have a controlling interest, for the 3 most recent taxation years. [Where a party controls a corporation, the financial statements for the 3 most recent taxation years for that corporation must be provided as well as the financial statements for that company’s subsidiaries.] (ii) Attached is a statement showing a breakdown of all salaries, wages, management fees and other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length. © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 41, Special Issue G I AM A BENEFICIARY UNDER A TRUST: Attached is a true copy of the trust settlement agreement of which I am a beneficiary as well as true copies of the 3 most recent financial statements of the trust. G I AM AN ADMINISTRATOR OR A TRUSTEE OF A TRUST. Sworn to/Affirmed before me ) on __________________, 20___ ) at ) ) ) Signature of Authority ) Signature of: Print name: ) Official capacity: ) ________________________________________________________________ Form FC 4: Statement of Special or Extraordinary Expenses Form FC 4 20 No.

Family Court for the Province of Nova Scotia Between: Applicant and Respondent Statement of Special or Extraordinary Expenses of prepared on , 20___ I [make oath/affirm] and give evidence as follows: 1. I am claiming an amount to cover special or extraordinary expenses for one or more of the following reasons: [indicate which of the following you are claiming] G (

a) child care expenses incurred as a result of my employment, illness, disability or education or training for employment; G (

b) that portion of the medical and dental insurance premiums attributable to the child; G (

c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses; © NS O

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 81/2017
Date	2017-05-26
Type	gazette
Volume / chapter	just regulations rg2 2017 RG2 2017 05 26 SI
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	8c17b95297ceb4ef968cc3287df0fcd2ee9750be

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