What Is the Family Division of the Supreme Court of Newfoundland and Labrador?

When a relationship ends, it is easy to feel lost about which court deals with what. You may hear about the Supreme Court, the Provincial Court and the Family Division, and wonder whether they are the same thing.

This article explains in plain words what the Family Division of the Supreme Court of Newfoundland and Labrador is, what it can decide, and how it relates to the Provincial Court. It is general information, not advice about your own situation.

This article covers the law of Newfoundland and Labrador.

What the Family Division is

The Family Division is part of the Supreme Court of Newfoundland and Labrador. It exercises jurisdiction over almost all family law matters, and its powers are set out in sections 43.7 and 43.9 of the Judicature Act.

Under the Children's Law Act, the word "court" means the Trial Division or the Provincial Court. In a judicial area designated under section 43.5 of the Judicature Act, it means the Trial Division – Family Division.

Under the Children's Law Act, a parent, or another person listed in section 69(4), may apply to a court for an order about custody, access or an aspect of custody. Those other persons include a grandparent, a person with actual care of the child, and a person with a settled intention to treat the child as a member of their family.

What it can decide

The Family Division deals with a wide range of issues. These include:

• Divorce
• Property disputes between spouses or partners
• Spousal and partner support
• Child support
• Parenting
• Child protection and adoption

A judge can also make orders on parenting, child support and spousal support (called corollary relief) together with the divorce. Once a divorce proceeding starts under the Divorce Act, a custody or access application under the Children's Law Act is stayed unless the court grants leave, and parenting issues between married spouses are then decided under the Divorce Act.

Family Division or Provincial Court?

Which court you use depends largely on where you live. The table below summarizes the areas.

In the expanded service area, residents can choose either court for parenting orders under the Children's Law Act, support applications under the Family Law Act, and adoption applications. Divorce, however, is a Supreme Court matter. Because these boundaries can change, confirm the current position for your community before you file.

Steps before and alongside court

Going to court is not the only route. Under the Divorce Act, parties should try to resolve the issues through a family dispute resolution process outside of court, to the extent appropriate. Family Justice Services, a division of the Supreme Court, helps families resolve parenting and child support issues outside the courtroom.

When an Originating Application raising a child support or parenting issue is filed with the Supreme Court, it is automatically forwarded to Family Justice Services. Parents involved in family court applications must attend the Parent Information Program.

• Family Justice Services offers mediation and parent education sessions, is free, and does not provide legal advice.
• Both parties can sign and submit a Request for Service to the nearest Family Justice Services office, and the services are for residents of Newfoundland and Labrador.
• The Parent Information Program is a group session called "Living Apart…Parenting Together". The provincial government page describes it as three hours and free, with each parent attending a separate presentation and children not able to attend.
• Parents who are not going to court are encouraged to attend the program too.

The format and registration for these programs can change, so it is worth confirming the current details with your regional Family Justice Services office.

How a divorce works in the Supreme Court

Even in the expanded service area, where other family applications can go to the Provincial Court, divorce is a Supreme Court matter. A court has jurisdiction over a divorce proceeding if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts.

Divorce is granted on the ground of breakdown of the marriage. Breakdown is established if the spouses have lived separate and apart for at least one year, or if the respondent committed adultery or physical or mental cruelty. Spouses can be separate and apart while still under one roof if they stop joint activities, such as using separate bedrooms and doing laundry separately. A short attempt at reconciliation of not more than 90 days in total does not restart the one-year clock, but living together again for longer does. An applicant can start the application before the year has ended, as long as the year is complete when the divorce is determined.

• You file an Originating Application, alone or jointly with your former spouse, with the marriage certificate and other supporting documents.
• The other party responds. If the matter is uncontested, the process is simple; if it is contested, the applicant must prove the claims.
• The court lists a $60 fee for the divorce judgment, including corollary relief, and a $20 fee for a Certificate of Divorce, which should be requested at least 30 days before you need it.
• A divorce takes effect on the thirty-first day after the judgment is rendered.

Before granting a divorce, the court must be satisfied that there has been no collusion and that reasonable arrangements have been made for the support of any children of the marriage.

What to do next

• Work out where you live and which judicial area applies to you.
• Decide which issues are in play: divorce, parenting, support, property or a mix.
• Collect key documents, such as your marriage certificate if you are seeking a divorce.
• Consider whether mediation or a family dispute resolution process could help first.
• Speak with a lawyer if you are unsure which court or which Act applies to you.

Frequently asked questions