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IMPORTANT NOTICE REGARDING AMENDED FORMS FOR PRIVATE FAMILY LAW PROCEEDINGS

On March 1, 2021 changes to the federal Divorce Act took effect. The New Brunswick Family Law Act also came into force on March 1, 2021.

The terminology used by the courts in family law matters was required by law to change as of that date. The terms “custody” and “access” have been replaced by terms such as “parenting time” and “decision-making responsibility”, which can be set out in a “Parenting Plan” or in a “Parenting Order”. Other changes have been introduced to deal with change of residence/relocation of parties to a custody/access order; establishment of contact orders, to allow non spouses and non parents to apply for access; new duties for the parties and their lawyers; and the recognition of foreign divorce orders.

Some of the New Brunswick Forms of Court have changed as a result of these changes to the law. For an overview of which forms have changed, and a link to access them via the GNB Department of Justice and Public Satefy website, please see this announcement.

All new family law proceedings must now be filed using the amended forms. The forms currently on the PLEIS-NB website are not yet updated but will be available soon.

PLEIS-NB has published a guide to help explain the changes to the legislation. This new booklet replaces the previous PLEIS-NB publication titled “Custody and Access in New Brunswick” that explained the law and rules with the terminology under former versions of the Divorce Act and the former New Brunswick Family Services Act. The Family Law NB website also has a terminology chart which explains the new terms.

You are encouraged to visit the PLEIS-NB Family Law Website or contact the PLEIS-NB toll-free Family Law Information Line at 1-888-236-2444, particularly if you are representing yourself on your private family law proceeding or on your divorce. If you live in Saint John or Moncton, you are encouraged to contact the Family Law Information Centre (“FLIC”) located in the Courthouse. Saint John: (506)658-6361, Moncton: (506) 856-3131.

Here are a number of “fillable” forms for some common family law actions. Most have “explanatory notes” that appear as question marks. You can read these notes by moving your mouse over them.  You can also review “examples” of the various forms and other documents such as cover pages, trial records and affidavits. If you plan to fill in your own forms and/or represent yourself, consider getting legal advice to be sure that you have filled them in properly.  For general questions about the forms or court procedures, you may call PLEIS-NB’s toll-free Family Law Information Line at 1-888-236-2444. However, PLEIS-NB staff cannot provide legal advice or comment on your specific situation. 

If you live in the Saint John region (which includes the Counties of Charlotte, Kings and Saint John) or the Moncton Region (which includes the Counties of Albert, Westmorland and Kent) CLICK HERE for information on forms.

Before you go any further, be sure to read the instructions for printing and completing forms.

 

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  P.O. Box 6000, Fredericton
New Brunswick, Canada E3B 5H1
     
  Telephone: (506) 453-5369
Family Law Line: 1-888-236-2444
     
  Fax: (506) 462-5193
     
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