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New Brunswick Child Support Variation Kit

Information for parents who want to change, or have been asked to change, an existing child support order or agreement.

Public Legal Education and Information Service of New Brunswick has developed this child support variation kit in cooperation with the Department of Justice. The purpose of the kit is to help parents who want to update their child support orders but have no options except to apply to the court on their own.

This kit is intended for general information only. It does not contain a complete statement of the law in the area of child support and laws change from time to time. Anyone requiring advice about his or her specific legal situation should contact a lawyer.

Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit organization. Its goal is to provide New Brunswickerswith information on the law. PLEIS-NB receives funding and in-kind support from the Department of Justice Canada, the New Brunswick Law Foundation and the New Brunswick Department of Justice. Project funding for this kit was received from the New Brunswick Department of Justice and supported by Justice Canada. Funding for revisions to this kit was provided by Justice Canada.
We gratefully acknowledge the comments and feedback provided by staff of Court Services, Department of Justice and members of the Law Society of New Brunswick.

This Guide does not offer legal advice. The Guide is for general information only. It does not contain a complete statement of the law in the area of family law, and laws change from time to time. PLEIS-NB and its contributors are not responsible for errors and misunderstandings. You should see a lawyer before starting for advice about your individual circumstances.

Before Using this Kit, Carefully Review this Checklist

• Did you know the way that courts calculate the amount of child support to be paid when parents divorce changed on May 1, 1997? The new method is set out in the “Child Support Guidelines”. The basic amount of support to be paid is found in province-specific tables. Parents can calculate the table amount by looking at the payer’s income and the number of entitled children. Provincial legislation (Family Services Act) was changed on May 1, 1998, so that the guidelines also apply to unmarried or separating parents.
   
• The child support guidelines automatically apply to all parents who divorce or separate after these dates. Whenever there is a change in circumstances that would result in different a table amount, parents can change their child support order. This is called a “variation”. Parents who have child support orders or agreements made before these dates have the right to bring them in line with the child support guidelines if they wish. If both parents are happy with their existing arrangement they can keep it as is.
   
• Before you act, read about the Child Support Guidelines. You can contact Court Services or the Public Legal Education and Information Service of New Brunswick to get free information. Ask for “A Guide to the new approach” and the “Workbook for parents”.
   

Make sure you have the information necessary to calculate the amount of child support payable, such as the payer’s annual income. If you do not, arrange to get the information. Under the Guidelines, payers must disclose their income. Once you calculate the support payable under the guidelines, you can look at your options.

To receive information about the guidelines, you can also call

PLEIS-NB’s Family Law
Toll-Free Information Line
1-888-236-2444
Justice Canada
1-888-373-2222

Remember, the tax rules for child support orders changed as of May 1, 1997. Since that date, the payer can no longer deduct the payments from taxable income, and the recipient no longer needs to include the payments as taxable income. Child support orders or agreements made before May 1, 1997 are not covered by the new tax rule unless parents jointly elect to include them or the order is varied after this date. You may want to consult an accountant or the Revenue Canada toll-free line (1-800-959-8281).

Consider using mediation to vary your order. Mediation can help parents reach an agreement that reflects the child support guidelines. You may use private mediators or the free mediation service available through the court. You can find the court office addresses on page 13. An agreement reached through mediation can be put into a “consent order”. When a consent order is filed with the court, a judge must approve and sign it to make it a court order.

If mediation is not possible, or fails, either parent can ask the court to apply the child support guidelines. Talk to a lawyer or Family Court Services before using this kit to do it yourself. Parents should clarify their rights, obligations and options.

You have reviewed the checklist and now you want to know...

Is this kit for me?

This kit may help parents who

• already have a court order for child support, either from a divorce (under the Divorce Act) or from a court application under the N.B. Family Services Act (Note, the court will not consider whether the original order was right or wrong.); and,
   
• are ordinarily resident in New Brunswick, if the motion relates to an order from a divorce, or are one of the people named in the child support order, if the motion relates to an order under the N.B. Family Services Act; and,
   
• have reason to change a child support order made
  (i) before the child support guidelines came into force to bring it into line with the guidelines (A parent can make a motion to get the table amount under the guidelines simply because they had an order or agreement made before May 1, 1997 under the Divorce Act and May 1, 1998 under the N.B. Family Services Act.)
  or
  (ii) after the child support guidelines came into force because of a change in circumstances. (A parent can ask the court to change an order if there has been a change in circumstances that would result in a different table amount. For example, a payer’s income may increase or decrease substantially. A payer who loses his job may need temporarily to suspend child support payments or ask the court to cancel the arrears already due
  or
  (iii) are responding to an application by the other parent to change an existing order;
  and, cannot afford a lawyer.
   

This kit is not recommended for parents who

• do not already have an order or agreement
• child support.
   
• want to change a custody, access or spousal
• support order
• need legal advice because
   
• parent who wants to change the order does not know where the other parent lives.
   
• the other parent lives outside New Brunswick.
   
• the child support order was made under provincial legislation in another province.
   
• the facts of the situation are complicated, such as an undue hardship claim.
   

*A court will not change child support because of problems with access.

This kit has four parts:

Part I: Changing a Child Support Order

Part I sets out the steps for a parent who wants to change a child support order - the applicant. Changing an existing court order is called a variation. To vary your child support order, you must make a motion in court. A motion allows the court to decide a question after the original court proceeding is over. For example, you may want the court to bring your child support order into line with the child support guidelines. To make a motion you will need to

Step 1 Prepare the documents for the motion
Step 2 Swear to the affidavit and Financial Statement
Step 3 File your documents at the court office
Step 4 Arrange service on the other parent
Step 5 File the record on motion

Part II: Responding to a Notice of Motion

Part II is for a parent who receives a Notice of Motion - the respondent. You will probably be required to file financial information. You may also want to respond to the Notice of Motion. You will need to
Step 1 Prepare the documents
Step 2 Swear to the Financial Statement and any affidavit
Step 3 File the documents
Step 4 Arrange service

Part III: Preparing for the Court Hearing

You and the other parent will probably have to appear in court for the hearing on the motion. Part III provides information for parents to prepare for a court hearing. You will need to
Step 1 Find out if there will be a hearing
Step 2 Gather any documents
Step 3 Organize your evidence and arguments
Step 4 Go to the court hearing

Part IV: Forms and Sample Documents
Costs of making a motion include
· about $10 for forms and photocopying
· approximately $50 if you hire a process server
Part I: CHANGING A CHILD SUPPORT ORDER

Step 1: Prepare the Documents for the Motion
Checklist of Documents to Prepare

1. Notice of Motion (Form 72U)
2. Affidavit
3. Financial Statement (Form 72J) and income information
4. blank Financial Statement form, if required.

1. Notice of Motion (Form 72U)

Fill out your Notice of Motion. See Examples 1 and 2.

Tell the court what order you are requesting.
Refer to the title and section number of the laws and rules that you are using as your authority.
List the documents that you are including, such as affidavits, Financial Statements and income information.
Sign the Notice of Motion and put your address under your signature.

2. Affidavit

An affidavit is a signed written statement of facts that you swear or affirm is truthful. An affidavit is not a form. It is a statement that you prepare yourself. Example 3 is a sample affidavit. Prepare an affidavit to go with the notice of motion.

In an affidavit for a motion, you can include

• facts about which you have personal knowledge and
   
• statements based on your information and belief. In this case, indicate clearly when you are stating a belief and not personal knowledge. You must also clearly state how you got this information and why you believe it.

For example, give the name of the person who told you and say that you believe the information.

*Making a false statement in an affidavit is a criminal offence.

Things You Should Know About Affidavits

Making an affidavit is like being a witness in court.

Write in the first person. Use “I”.

Organize the information into separate paragraphs.

Number your paragraphs. Each paragraph should cover only one piece of information.

State your information clearly and accurately in unemotional language.

Include the information the court needs in order to make a decision.

Leave out irrelevant information and include all relevant information. Information is relevant if it helps to show a fact that you want to prove.

Do not put in accusations, arguments or irrelevant statements.

In an affidavit for a motion relating to child support, be sure to include:

• your full name and place of residence
   
• the date the existing order was made
   
• the names and birth dates of the children covered by the support order
   
• who the children reside with
   
• where the respondent lives
   
• the current amount of child support
   
• who is the payer of child support
   
• who is the recipient of child support
   
• how often the child support payments are supposed to be made
   
• whether the child support payments are in arrears, and
   
• the changes in circumstances since the court made the order, such as
   
• the coming into force of the child support guidelines
   
• an increase or decrease in the support payer’s income.
   

*Attach the original court order to the affidavit.
*Make sure that the information in your affidavit is complete because there may not be a hearing.

3. Financial Statement (Form 72J) and income information
You have to fill out a Financial Statement and provide income information if

• you are the support payer or
• you receive the child support and it involves, or will involve: special expenses, a
child over the age of majority, split or shared custody, or an undue hardship claim.

You may not have to fill out a Financial Statement or provide income
information if

• you are the parent who receives child support and
• you apply for a change in the child support order and
• you are asking for the table amount only and
• the other parent does not claim undue hardship.

*You can get a Financial Statement (Form 72J) from the court for one dollar.

¨ Even if you are not required to turn in a Financial Statement and income information, it is a good idea to prepare these documents anyway. Keep them on hand in case the information becomes necessary later on.
*For more information, read the PLEIS-NB fact sheet The Financial Statement and Income Information.

4. Blank Financial Statement form

Ask the court office where you are filing the motion whether you will also need to serve a Notice to Respondent and a blank Financial Statement form.

Tips for Preparing Your Documents

¨ A blank Notice of Motion form may come with this kit. You must purchase and/or prepare other forms and documents yourself. (see page 14) Photocopy blank forms before you start in case you make a mistake.
¨ Prepare court documents carefully. The court will not be less demanding just because you are preparing your own motion.
¨ Read the blank forms and look at the examples before you start.
¨ Prepare the document in either English or French.
¨ Use white paper.
¨ Use only one side of the page.
¨ Leave margins about 4 centimetres (1_”) wide on all four sides of the page.
¨ Type and double space (at least one and a half lines) all documents. You can print if your printing is neat and legible. If you print, use a pen with black ink. Do not use a pencil. The court may return any documents that are not easy to read.
¨ Fill out the forms completely.
¨ You must sign the original. Type or print your name clearly underneath the signature.
¨ Check photocopies carefully. Always make extra copies for your own records.
¨ When you have completed your forms and your affidavit, consider hiring a lawyer to look over them. This may help make sure that everything goes smoothly. You may be able to see a lawyer at a legal advice clinic if one is available in your community.
¨ Each case before the court has a title, called a Title of Proceeding. That is how the court identifies cases. You must put this same title on all documents relating to your motion. Only the name of the document changes. See the example on the next page.

- Questions -
If you have questions about court forms or court procedures,
contact the court administrator at the Family Division office.
You can find the court office addresses on page 13.
The court administrator cannot give you legal advice or complete your forms for you.
If you have a question which the administrator cannot answer,
you may need to contact a lawyer.

Example of a Title of Proceeding

Notes:
1 The administrator gives you a court file number when you file your motion. Put this number on every document that you file for your motion.
2 Write the judicial district where you will file the documents. The judicial district must be one where either parent ordinarily resides. If there is a court hearing, it will be in this district. See page 13 for a list of judicial districts in New Brunswick.
3 Write the Applicant’s name. The Applicant is the parent who files the Notice of Motion
seeking a change in child support.
4 Write the other parent’s full name here. He or she is the Respondent.
5 Write the name of the document and form number, if there is one. For example:

• Affidavit
   
• Financial Statement (Form 72J)
   
• Index.
   

Step 2: Swear to the Affidavit and Financial Statement

You must swear, or solemnly affirm, that the contents of your affidavit and Financial Statement are true. For your affidavit and your Financial Statement (if you prepare one)

• Take them to a commissioner of oaths. A commissioner of oaths is a person with authority to witness a sworn statement.
   
• Show the commissioner of oaths the documents, including any other documents (called exhibits) that you are putting with them.
   
• Sign the documents in front of the commissioner of oaths and swear that the information in them is true.
   
• The commissioner of oaths signs the documents after watching you sign them.
   
• If you made any corrections, the commissioner of oaths must initial the corrections.
   
• The commissioner of oaths will also initial any exhibits.
   

There are several ways to find a commissioner of oaths.
¨ In New Brunswick all lawyers are commissioners of oaths. Look under “Lawyers” in the Yellow Pages.
¨ As well, some other people are authorized to act as a commissioner of oaths. You could ask if anyone is a commissioner of oaths
- where you work
- at a post office
- at a mayor’s office
- at a police station
- at a Revenue Office and
- at a Service New Brunswick Centre
¨ If you live in a rural community, Consumer Affairs (telephone: (506) 453-2322) may give you the name of a local commissioner of oaths.

*You can telephone the commissioner of oaths to find out if there is a fee.

Step 3: File Your Documents at the Court Office

*Put together a package of

o all the documents that you prepared in Step 2, held together with a paper clip
o three sets of photocopies of all the documents, held together with a paper clip
o a covering letter (see Example 4)
o a self-addressed envelope, legal-size (8 1/2” x 14”)
o Mail or hand deliver this package to the court office. This must be the court office in the judicial district where you or the other parent lives and where you would like the court hearing to be. See the list of court addresses and judicial districts on page 13.
o The staff will set a date for the hearing and write it on the first page of the notice of motion. They will stamp and return the original documents to you and keep (file) the set of copies.
*Now you have the original Notice of Motion with the hearing date and court file number written on it.

Step 4: Arrange Service on the Other Parent

Once you have a date for the hearing, you must arrange for someone to serve the documents on the other parent. You must make sure that the other parent receives the documents, but you cannot deliver the documents yourself. Someone else, called the server, must do it.

*You must serve the notice of motion at least 25 days before the hearing. If this is impossible you may be able to serve the documents later. See a lawyer.

Prepare the Affidavit of Service

An Affidavit of Service is the sworn statement of the person who serves the documents. It is your proof that the other parent received the documents. If you hire a process server, he or she will look after the Affidavit of Service. However if you ask a friend to be the server, you must prepare an Affidavit of Service. See Examples 5 and 6. Leave blanks for the server to fill in later.

Prepare the documents from Step 1 to be served on the other parent.
o Write “A” on the top of your original Notice of Motion.
o Photocopy all the original documents. (Also make an extra set to keep yourself.) Hold each set together with a paper clip.
o Give the original and one set of copies to the server, along with the Affidavit of Service.
o Tell the server where to find the other parent, such as their home or work address.

Methods of service
The Rules of Court permit several methods of serving a Notice of Motion. However, it is important to be able to prove that the other parent actually received the Notice of Motion and your other documents in time. Arranging for personal service is the best way to do this.

Method 1: Personal service
With this method of service, the server hand-delivers the documents. You can hire someone to do it. Look in the Yellow Pages under “process servers”. Or you can ask a friend or relative to do it.
For personal service, the server must find the other parent and then
o If your server does not know the other parent well enough to be certain, the server should ask whether he or she is _____________________________ (name) and ask for a piece of identification, such as a Social Insurance Number or driver’s license.
o Write down the kind of identification and its number on the affidavit of service.
o Sign the original as a witness to the other parent’s signature.
o Keep the original document and leave the copies of the Notice of Motion and the other documents with the other parent.

Service on Lawyers

If the other parent has hired a lawyer for this case or has authorized a lawyer to accept service, you can serve that person by leaving a copy of the documents with the lawyer. The lawyer accepts the service by signing and putting the date on the original.

After serving the documents, the server must
o Prepare an Affidavit of Service (Form 18B), unless it was service on a lawyer.
o Take the Affidavit of Service to a commissioner of oaths and sign it.
o Give the original documents and the Affidavit of Service back to you.

Method 2: Service by registered mail or courier
You can also use a courier or the registered mail service of the post office to serve the documents. Make your own Acknowledgement of Receipt Card (Form 18A) for your spouse to sign and send back to you. See Example 7. Send the Acknowledgment of Receipt Card with the rest of the documents. You may want to include a self-addressed stamped envelope for your spouse to mail the Acknowledgment of Receipt Card back to you.

For service by courier or registered mail, you must
o Keep the original documents.
o Send the set of photocopies to the other parent. There is a small fee for this.
o Write “Personal and Confidential” on the envelope. Only the other parent should sign for it. There can be problems with service by registered mail if someone other than the intended person signs the receipt card. In this case it may be necessary to serve the documents again or serve the documents personally.

After serving the documents by registered mail or courier, you must
o Prepare an Affidavit of Service (Form 18B), unless it was service on a lawyer.
o Take the Affidavit of Service to a commissioner of oaths and sign it. Be sure to attach the Acknowledgment of Receipt Card or post office receipt.

*Call the court office in your judicial district to ask whether you must take or send the Affidavit of Service to the court office 5 days before the hearing date.
Step 5: File the Record on Motion

Wait for the respondent to serve documents on you.
¨ You must wait to file the Record on Motion until
· you receive the other parent’s Financial Statement, income information and responding document (a “responding document” is an affidavit that is prepared and filed with the court by the person served with a Notice of Motion to file child
support. It tells the court how the parent disagrees with the motion), or
· you receive the Financial Statement and income information, and 20 days has passed since the other parent received the Notice of Motion, or
· you receive a Responding Document, and no income information is required from the other parent, or
· 20 days has passed since the other parent received the Notice of Motion
*The other parent must serve a Financial Statement and income information on you within 20 days of receiving the Notice of Motion if that parent
- is the support payer or
- receives child support and there are special expenses, a child over the age of majority, split or shared custody, or an undue hardship claim.

*If the other parent is required to give you a Financial Statement but does not, you can ask the court to
- proceed without the respondent’s information or
- order the respondent to provide the information.
*Call the court office at Family Division.
¨ The other parent may serve a Responding Document and affidavit(s) within 20 days.
¨ If the respondent serves a Responding Document, you may be required to provide a Financial Statement and income information even though you did not provide the information with your Notice of Motion. File them with the court administrator and arrange service on the other parent at least 3 days before the hearing.
o Prepare a Record on Motion. Include:
· a cover page. Example 8 is a cover page.
· an index. List all the documents in the record. Number the pages and show the document numbers and page numbers in the index. Example 9 is an index.
· the original Notice of Motion.
· your original affidavit(s) and the other parent’s affidavit(s) for the motion.
· your original Financial Statement and income information and the other parent’s Financial Statement and income information.
· the affidavit of service.
· any other materials to be used for the hearing.
Put the documents together in the same order as the list in your index. Hold them together with a paper clip.
File the Record on Motion by taking or sending it to the court office where you filed the Notice of Motion. Make sure it arrives at least 48 hours before the date of the hearing. Do not include Saturdays, Sundays or legal holidays in counting the 48 hours.

Part II: REPLYING TO A NOTICE OF MOTION
If you receive a Notice of Motion
¨ Read the Notice carefully.
¨ You can hire a lawyer to advise you about your rights, obligations and options.
¨ If you cannot afford a lawyer, you may decide to use this guide.
*If the motion is to reduce support, you may be eligible for legal aid. Contact the court worker (mediator) at Family Division (addresses and telephone numbers on page 13.)

Step 1: Prepare the following documents
Financial Statement (Form 72J) and Income Information If your income information is required, you must file a Financial Statement and income information with the court even if you are not going to oppose the motion.
Affidavit of Service (Form 18B)
If you decide to oppose the motion, also prepare your
Responding Document
On the Responding Document, you tell the court why you disagree with what the other parent is requesting and what you are requesting. You also put your address, language (English or French) and telephone number. See Example 10.
Affidavit
Prepare an affidavit to go with your Responding Document.

Step 2: Swear to the Financial Statement (and affidavit if one)

Step 3: File the documents
Within 20 days of being served with the Notice of Motion, you must file the following documents (originals and three copies of each) with the administrator of the court where the motion was filed
o Financial Statement and income information.
o any affidavit.
o your Responding Document if you are contesting the motion.

Step 4: Arrange service
You must also serve on the other parent within 20 days of receiving the Notice of Motion the same documents listed in Step 3 (File the documents).

Part III: PREPARING FOR THE COURT HEARING

Step 1: Find out if there will be a hearing
The court has a choice of

• holding a hearing for your motion or
• making a decision based on the court documents and the evidence in the affidavits alone.

*The court can hold the hearing by conference telephone if you and the other parent agree or if the court directs.
Make sure the information in your affidavit is complete because there may not be a hearing. After you file and serve the notice of motion, ask at the court office if there will be a hearing.

Step 2: Gather any documents

Before the hearing, gather any documents that you expect to use as evidence in addition to affidavits, Financial Statements and income information. If possible, get the original documents. You should send copies of the documents to the other parent before the hearing.

Step 3: Organize your evidence and arguments

• Think carefully about how you will organize and present your case.
• Write notes to help you remember what to say first, second and so on.
• Practice what you want to say, but do not memorize it.
• Be ready to answer questions from the judge or the other party.

Step 4: Go to the court hearing

Someone at the court may speak to you before you go into court to see if you are both there and ready to proceed. If the other parent is not there, you should say so.
¨ If the other parent received the Notice of Motion and you filed your Affidavit of Service, you can ask the judge to go ahead in his or her absence. If the hearing goes ahead, the court order will be enforceable against the other parent even though he or she was not there. It is also possible that the judge may postpone the hearing.
*If you decide not to go ahead with the proceeding, you should contact the court office before the hearing.

Tips for the Hearing

• Bring a friend for moral support.
• Wear appropriate clothes. Respect the decorum of the court.
• Be early. Arrive at court about 15 minutes before court starts.
• A court official will ask everyone to stand up when the judge enters the courtroom. Remain standing until the judge sits down and the official tells you to sit.
• When it is your turn to speak, speak directly to the judge. Stand when you speak. Be respectful to the judge. You should address the judge as “Sir” or “Madam”.
• If someone asks you a question, you can take a moment to think before you answer. If you did not hear, or do not understand, say so. If you are not sure you should answer, ask the judge.
• Do not interrupt the judge or anyone else when they are speaking. Look at the person who is speaking or at the judge. Do not sigh loudly or shrug your shoulders in disbelief. If you disagree with someone, make a note of it. Then bring it up when it is your turn to speak.

Step 5: Getting a Court Order

The judge may tell you the decision at the end of the hearing. However, sometimes the judge may want time to think. If so, the judge will make a written decision after the hearing is over. The court administrator will send you a copy of the court order when the judge makes a decision.
The court can

• order the change in child support to begin immediately or in the future
• make the change retroactive. (A retroactive change is a change that will start at a date in the past). If you are seeking a retroactive order then you should request this in the Notice of Motion and in the Affidavit so that the other party has notice. Ordinarily, retroactive orders do not go back more than one year.
• refuse to make the change.

Terms you should know...

Appeals If you are unhappy with the order and if you believe the judge has made an error of law, you may be able to appeal the decision. If you are considering an appeal, you should immediately consult a lawyer. You have thirty days to start the appeal process after the decision.
Enforcement The Family Support Orders Service helps enforce orders for child support. An order for support that a New Brunswick court makes now will automatically be filed with this service. For more information get the PLEIS pamphlets on Child and Spousal Support.

COURT OFFICE ADDRESSES AND JUDICIAL DISTRICTS

Bathurst Judicial District of Bathurst includes:
Court of Queen’s Bench, Family Division Gloucester County
P.O. Box 5001, 254 St. Patrick Street
Bathurst NB E2A 3Z9
Court Office: 547-2150 Mediation: 547-2152

Campbellton Judicial District of Campbellton includes:
Court of Queen’s Bench, Family Division Restigouche County
P.O. Box 5001, 157 Water Street
Campbellton NB E3N 3H5
Court Office/Mediation: 789-2364

Edmundston Judicial District of Edmundston includes:
Court of Queen’s Bench, Family Division Madawaska County
P.O. Box 5001, 121 Church Street Drummond and Grand Falls of
Edmundston NB E3V 1J9 Victoria County
Court Office: 735-2029 Mediation: 735-2028

Fredericton Judicial District of Fredericton includes:
Court of Queen’s Bench, Family Division York County
P.O. Box 6000, 427 Queen Street Sunbury County
Fredericton NB E3B 5H1 Queens County
Court Office/Mediation: 453-2015

Miramichi Judicial District of Miramichi includes:
Court of Queen’s Bench, Family Division Northumberland County
673 King George Highway
Miramichi NB E1V 1N6
Court Office: 627-4023 Mediation: 627-4024

Moncton Judicial District of Moncton includes:
Court of Queen’s Bench, Family Division Albert County
P.O. Box 5001, 770 Main Street Westmorland County
Moncton NB E1C 8R3 Kent County
Court Office: 856-2304 Mediation: 856-2305

Saint John Judicial District of Saint John includes:
Court of Queen’s Bench, Family Division Charlotte County
110 Charlotte Street Saint John County
Saint John NB E2L 4Y9 Kings County
Court Office: 658-2400 Mediation: 658-2400

Woodstock Judicial District of Woodstock includes:
Court of Queen’s Bench, Family Division Carleton County
P.O. Box 5001, 689 Main Street Victoria County except Drummond and
Woodstock NB E7M 5C6 Grand Falls (see Edmundston)
Court Office: 325-4414 Mediation: 325-4300

Part IV: FORMS AND SAMPLE DOCUMENTS

Where to Get Forms

In some judicial districts the court office can provide blank forms ($1 each). Ask for the form by the form number. If the court in your district cannot provide a form, the staff may be able to tell you where to find forms. You can also copy the forms from volume 2 of the Rules of Court. There are copies of the Rules of Court at the university’s law libraries and the Law Society of New Brunswick. Make sure that you get the most recent version of the form.

The forms in the Rules of Court do not have room enough for all the information required. You may be able to use the forms by enlarging them on a photocopier.

Examples of Court Documents

In the examples you will sometimes see information in blue ink. This colour indicates the information that applies to the people in the examples below. Fill in the correct information to reflect your own situation. Where the example calls for a signature and a printed name under a line, sign your own name and print your name below the line. As well, the numbered notes at the bottom of the page are for your information only. Do not reproduce them on the court documents.

The examples in this guide are only samples. When you fill the forms in, you will need to write the information appropriate to your circumstances. Depending on your circumstances, you may also need to provide other documents for your motion.

Form 72U must be submitted in bilingual format, but you may fill in the information in either English or French. You do not need to write on the English side only or the French side only. Write across the entire line where there is space.

Examples of Documents

Example 1 Notice of Motion under Divorce Act (Form 72U)
Example 2 Notice of Motion under Family Services Act (Form 72U)
Example 3 Affidavit
Example 4 Covering Letter for Documents
Example 5 Affidavit of Service (Personal Service)
Example 6 Affidavit of Service by Registered Mail
Example 7 Receipt Card (Form 18A)
Example 8 Cover Page for a Record on Motion
Example 9 Index for a Record on Motion
Example 10 Responding Document

Published by: Public Legal Education and
Information Service of New Brunswick
P.O. Box 6000
Fredericton NB, E3B 5H1
Tel: (506) 453-5369
Fax: (506) 462-5193
Email: pleisnb@web.ca
www.legal-info-legale.nb.ca
March 1999
Updated March 2005
ISBN 1-55236-421-6

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