Do I Have to Mediate Before Going to Family Court in Manitoba?

If you are getting ready to ask a Manitoba court about parenting time, decision-making or support, you may wonder whether you must try mediation first. The honest answer is that mediation is part of the preparation steps, but how it applies to you depends on your situation.

This article walks through the steps the Family Division lists, where mediation fits, what an agreement reached outside court can and cannot do, and the cases that follow a different path. It is general information, not advice on your file.

This article covers the law of Manitoba.

The steps before a family court hearing

In the Court of King's Bench, Family Division, a case generally starts by filing a petition, notice of application or statement of claim and serving the other party. After that, a list of prerequisites has to be completed.

• 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.
• Mediation efforts.

After the prerequisites, you request triage using Forms 70D.2, 70D.3 and 70D.4, and a triage conference follows. A case conference is held within 30 days, and a trial date is set within 12 to 15 months. Gathering the prerequisite items early may make the rest of the process feel less overwhelming, though how this applies depends on your situation, so it is worth confirming with a lawyer.

Where mediation fits

Mediation efforts appear on the list of prerequisites, so the court process expects you to have made an attempt to resolve issues before the matter moves forward. What counts as sufficient effort, and whether a particular program or service must be used in your case, can depend on the facts. A lawyer can confirm what applies to you.

The Maintenance Enforcement Program is part of the Family Resolution Service, but its job is to enforce support, not to mediate. Do not confuse the two when you are deciding where to start.

You do not need a court order or a formal separation agreement in order to separate; spouses may simply live separate and apart, and they remain legally married until a divorce. If there are children or issues about property or financial support, Manitoba guidance recommends, but does not require, a written separation agreement, family arbitration award or court order.

If mediation leads to an agreement

A successful mediation often ends with a written agreement, so it helps to know what that agreement is. It is a binding contract, which is why both people should have independent legal advice. A court is unlikely to interfere with a bad bargain, but it may set an agreement aside where fraud or unfair pressure is shown. Agreements are not court orders and can be harder to enforce.

Support terms deserve particular care. If a spouse released the other from support or accepted a set amount in a written agreement, the court generally cannot order support for that spouse, unless there was default under the agreement, the support was inadequate when the agreement was made, or the releasing spouse now needs public assistance.

What happens after the prerequisites, and other paths

Once the prerequisites are done, you request triage using Forms 70D.2, 70D.3 and 70D.4, and a triage conference follows. A case conference is held within 30 days, and a trial date is generally set within 12 to 15 months. A Trial Readiness Certificate (Form 70S.3) is due at least 45 days before trial, and an appeal is generally made within 30 days of the order being filed.

The triage model does not apply to child protection, adoption, consent orders, and uncontested divorce or separation, which follow different processes. Urgent issues can be prioritized for a hearing within 30 days.

If safety is a concern, a protection order under The Domestic Violence and Stalking Act can be applied for without notice to a designated justice of the peace. A protection order expires three years after it is granted unless the justice sets a longer period needed for protection. Whether and how mediation fits when there has been abuse is something to raise with a lawyer early.

What to do next

• Gather your income records, including tax returns for the last three years.
• Note whether property is in issue, since that adds a form.
• Write down what you have already done to try to resolve things.
• Get independent legal advice before signing any agreement.
• Tell a lawyer about any safety concerns or urgent issues.
• Check the Manitoba Courts site for current forms, since court practice can change.

Every family situation is different, so how these steps apply to you is worth confirming with a lawyer before you file or sign anything.

Frequently asked questions