How do I get a parenting order in Manitoba if we were never married?
This answer covers the law of Manitoba.
If you were never married, you ask for a parenting order under Manitoba's Family Law Act, not the federal Divorce Act. Either parent, or both together, can apply. The Divorce Act lets a spouse or certain other persons apply for a parenting order, and which law fits your situation is worth confirming with a lawyer. The Family Law Act replaced custody and access with parenting orders that set parenting time and decision-making responsibility.
You start by filing an application in the Family Division and serving the other parent. For provincial relief such as parenting arrangements, the Rule 70 petition is Form 70B. Applications can go to the Court of King's Bench or, for most orders, the Provincial Court (Family Division). If you cannot agree, each parent must submit a parenting plan, and prerequisites apply, including the For the Sake of the Children program unless an exception applies.
Without an order, parents generally have joint rights, but if the parents never lived together after the child's birth, only the parent the child lives with has decision-making responsibility unless an order says otherwise. The court considers only the child's best interests.
Key takeaways
- Either parent, or both together, can apply for a parenting order under the Family Law Act.
- A Divorce Act parenting order can be sought by a spouse or certain other persons, so which law applies to you is worth confirming with a lawyer.
- If you cannot agree, each parent submits a parenting plan and completes prerequisites such as the For the Sake of the Children program, unless an exception applies.
- Urgent situations, such as immediate risk to a child or removal of a child from Manitoba, can go to an emergent hearing using Form 70BB.