What Must You Do Before Triage in a Manitoba Family Court Case?

If you are heading into a contested family case in Manitoba, the process can feel like a maze of forms and unfamiliar terms. "Triage" is one of those terms. It is a step in the Court of King's Bench, Family Division, that is usually requested after filing, serving the other party and completing a set of prerequisites. Urgent situations can be handled differently, so whether an exception fits your case is worth confirming with a lawyer.

This article walks through the usual order of steps: what to do before you ask for triage, what the triage forms are, and what comes after. It does not explain what happens inside a conference. Court practice changes, so treat this as a map and not a substitute for the current court forms.

This article covers the law of Manitoba.

Step one: start the case and serve the other party

A family case in the Court of King's Bench, Family Division, starts when you file a petition, a notice of application or a statement of claim. Which one applies to your situation is worth confirming with a lawyer.

After filing, you must serve the other party, which means formally delivering the documents to them. The procedures list prerequisites to complete before triage is requested, and they are set out below. It is sensible to keep a record of how and when service happened.

Think of the start of the case as laying the groundwork. The document you file sets out what you are asking the court for, and the other party receives a copy so they know the case exists and can respond. Keeping copies of everything you file and serve makes the later steps easier, because several later forms draw on the same information.

Prerequisites to finish before requesting triage

Before you request triage, the Family Division procedures list several things to complete:

• The For the Sake of the Children Program.
• Form 70D financial statements, with three years of tax returns.
• Form 70D.5 if property is in issue.
• Efforts at mediation.

Start gathering tax returns and financial records early. Missing paperwork is a common cause of delay. If you are unsure whether property is in issue in your case, a lawyer can help you confirm whether Form 70D.5 applies.

In plain terms, financial statements give both sides and the court a shared picture of income, assets and debts, and mediation efforts show that you have tried to resolve the issues before asking a judge to decide them. Completing these items carefully and on time helps keep your case moving.

Requesting triage and what follows

Once the prerequisites are complete, you request triage using Forms 70D.2, 70D.3 and 70D.4. A triage conference follows. A case conference is then held within 30 days, and a trial date is set within 12 to 15 months.

The timelines in the table are what the procedures describe, not promises about your own case. Plan around them, but rely on the dates the court actually gives you. Working backwards from a trial date can help, since the Trial Readiness Certificate is counted from the trial and the appeal period is counted from the filing of the order.

Cases that do not follow the triage model

Not every family matter goes through triage. The model does not apply to child protection, adoption, consent orders, and uncontested divorce or separation, which follow different processes.

If something is urgent, it may not need to wait in the usual line. Urgent issues can be prioritized for a hearing within 30 days. How this applies depends on your situation, so it is worth confirming with a lawyer.

If your matter might fit one of these categories, ask which process applies before you assume triage is required. Knowing this early can save you from completing steps you do not need, or from missing steps you do.

What to do next

• Confirm which document starts your case and file it.
• Serve the other party and keep proof of service.
• Complete the For the Sake of the Children Program.
• Collect three years of tax returns and complete your financial statements.
• Check whether property is in issue and whether another form is needed.
• Make and document your mediation efforts.
• Check the Manitoba Courts website for current forms, fees and practice directions before you file.

Because the procedures can lag behind current practice, confirming the details with a lawyer is worthwhile, especially if your case involves children, property or urgency.

Set aside time to work through these steps in order, and keep a single folder, paper or digital, with every form, receipt and letter. Having it organized makes it easier to answer questions from the court, the other party or your lawyer.

Frequently asked questions