How to Get Duty Counsel Help at Family Court in Nova Scotia

Going to family court without a lawyer is stressful. Duty counsel is a lawyer available at some courts to give limited help on the day, and many people look for that help when they are unsure what to do.

Availability and the exact scope of duty counsel services can differ, so confirm with the court office before your date. This page covers how to prepare and what else may help.

This article covers the law of Nova Scotia.

What duty counsel generally means

Duty counsel is usually a lawyer who is at court to give brief help to people who do not have their own lawyer. The help is typically limited to the matter in front of the court that day. It is not the same as having a lawyer take over your whole case.

Ask the court office or legal aid what duty counsel can do at your location, how to speak with them, and whether you should arrive early.

Which court you are going to

Divorces in Nova Scotia are heard in the Supreme Court of Nova Scotia (Family Division). Since January 1, 2022, all family law matters in the province are handled under Rule 59 of the Civil Procedure Rules. The Division hears parenting arrangements, child support, division of matrimonial assets and debts, and divorce.

Check your court papers for the court name, date and time. Court web forms can be unofficial: the Civil Procedure Rules Part 22 forms are the official ones.

Steps and forms you may meet

• Divorce forms include Form 59.46 (Joint Application for Divorce), Form 59.09 (Petition for Divorce) and Form 59.45 (Application for Divorce by Agreement).
• Where spouses agree on all issues in a joint application, the file can go to a judge without a hearing.
• On a contested petition, the respondent has 15 days to respond if served in Nova Scotia, 30 days elsewhere in Canada and 45 days anywhere else.
• The Parent Information Program is mandatory when a court application involving children is filed.

Court-based dispute resolution includes conciliation, mediation and voluntary judge-led settlement conferences. Duty counsel or the court office can tell you what applies to your file.

Legal aid as another option

Legal aid family coverage extends to matters under the Parenting and Support Act, the Divorce Act, the Children and Family Services Act and the Adult Protection Act, plus separation agreements and family appeals. For example, an uncontested application is allowed 5 hours and a contested custody matter 20 hours.

You are financially eligible if you qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, or if paying for services elsewhere would reduce your income enough to qualify. The Commission may find you eligible despite higher income if hiring a lawyer would cause undue financial hardship. If legal aid is refused, you can ask for a review by written request.

What to bring and do next

• All court papers you have received, including any notice of the hearing date
• Photo identification
• Copies of any earlier orders or agreements
• Recent income information if support is an issue
• A short written list of what you want to ask and what outcome you are hoping for
• Pen and paper to note what the judge says

Arrive early, ask the court staff how to reach duty counsel, and consider speaking with a lawyer or legal aid before your date.

Frequently asked questions