How to Start a Family Court Application in Nova Scotia

Starting a family court case can feel like learning a new language. You may only want a parenting schedule or a child support order, but you are suddenly facing forms, deadlines and a court you have never used.

This article walks through the general path in Nova Scotia: which court hears your case, what to prepare, how the forms fit together and what serving the other person means. It explains how things usually work. Your own situation may call for different steps, so a lawyer can confirm the details.

This article covers the law of Nova Scotia.

Which court hears your case

Since January 1, 2022, all family law matters in Nova Scotia are handled under Rule 59 of the Civil Procedure Rules, and the Supreme Court of Nova Scotia (Family Division) now covers the whole province.

That court hears parenting arrangements (decision-making responsibility and parenting time), child support, division of matrimonial assets and debts, divorce, and child protection proceedings under the Children and Family Services Act.

You may come across older guides that describe a separate Family Court. One older guide says that court does not deal with divorces or disputes about family property, and it was written before the 2022 unified model. Treat older material with caution and check which court and forms apply today.

Before you file: prepare and consider your options

Filing is easier when you know what you are asking for. Think about whether you need a parenting order, child support, spousal support, a divorce, or a combination.

• Write down the children's names, ages and current living arrangements.
• Gather income records for both parents, such as tax returns and notices of assessment.
• List child-related costs such as child care, medical and dental costs, school costs and activities.
• Note any safety concerns, past orders or other court proceedings.
• Collect any written agreement you already have with the other parent.

Income matters because table child support is based on the payor's annual income, starting from the T1 General total income, and the court may look at income over the last three years. If your application involves children, the Parent Information Program is mandatory when you file, although parents can also attend voluntarily.

The forms you may meet

Which document starts your case depends on what you are asking the court to decide. The exact form and what it must contain depend on what you are claiming, so confirm this with the court or a lawyer before you prepare it.

If you are also seeking a divorce, Nova Scotia's Family Division forms include Form 59.46 (Joint Application for Divorce), Form 59.09 (Petition for Divorce) and Form 59.45 (Application for Divorce by Agreement). Practice memorandum forms include FD 12 (Affidavit Supporting an Uncontested Divorce - Application), FD 12A (Joint Application), FD 12B (Petition) and FD 10 (Request for Date Assignment Conference - Divorce).

The court's web versions of its forms are unofficial. The Civil Procedure Rules Part 22 forms are the official ones.

Serving the other party

Serving means formally giving the other person the court documents so they know about the case and have a chance to respond. A court generally expects proof that this was done properly.

The rules on how, when and by whom documents may be served depend on the type of application and the Civil Procedure Rules, so confirm them before you act. How this applies depends on your situation, so it is worth confirming the method with the court or a lawyer.

For a contested petition for divorce, the respondent's time to respond is 15 days if served in Nova Scotia, 30 days elsewhere in Canada, and 45 days anywhere else. Where the other person lives therefore affects your timeline.

What to do next

• Decide what orders you want and gather your documents.
• Confirm the correct forms for your type of claim with the court or a lawyer.
• Plan how the other party will be served, and keep proof of service.
• Register for the Parent Information Program if children are involved.
• If an order includes support, consider enrolling it with the Maintenance Enforcement Program, which keeps payment records and passes money from the payor to the recipient. Enrolment is optional, but MEP cannot enforce an order that is not enrolled.

If cost is a worry, Nova Scotia Legal Aid family coverage extends to matters under the Parenting and Support Act, Divorce Act and Children and Family Services Act, and to separation agreements. If legal aid is refused, you can ask the Commission to review the decision in writing.

Frequently asked questions