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Family Law Forms

Changing an Order (eg. child support variation)

Changing an existing court order is called a variation.  Variations can be done by a consent order if both parties agree, by an application, or by a motion.  For instructions on how to change a child support order or agreement, check out the Child Support Variation Kit. For information on changing other family law court orders or responding to an application to change an order, review the guide Applying for Custody, Access and Support in New Brunswick.  Use Form 72U if you already have a child support order and are applying to change it.  Use Form 37A for all other motions.

Form Number

Title of Form

 

Example

What You Should Know

Form 72U

 

 

 

Notice of Motion

 

 

 

Notice of Motion (under the Divorce Act)

Use this form to change an existing order made under the Divorce Act, for example an order setting out child support, custody or access.  You can also use this form if you filed a Petition for Divorce and would like an interim order for support, custody, or access to be made.

Form 72U

Notice of Motion

Notice of Motion (under the Family Services Act)

Use this form to change any order made under the Family Services Act, for example, an order for support, custody or access. 

Form 72J

Financial Statement

A Guide to Completing Form 72J: Financial Statement and Income Information

The Court requires both parties to submit Financial Statements when the petition includes requests for support. 

This is not a form.

 

 

Affidavit (template)

Affidavit

This is a signed written statement of facts that you swear or affirm is truthful. The template provides blank spaces to fill in the required information.

This is not a form.

 

Cover Letter

 

Type this letter to go with your Notice of Motion and attachments when you file.

Form 18B

Affidavit of Service

 

 

 

Affidavit of Service – Personal Service

 

 

 

If you use personal service you must give this form to your server. The example shows you how the server must fill it out. The server must have it witnessed by a Commissioner of Oaths. 
Note: The Petitioner is not permitted to serve the Petition.  It must be served by another adult.

Form 18B

 

Affidavit of Service

Affidavit of Service –Service by Registered Mail

 

If you use service by registered mail or courrier, you must use Form 18B. The example shows how the server must fill it out. It must be witnessed by a Commissioner of Oaths. 

Form 18A

Acknowledgment of Receipt Card

Acknowledgment of Receipt Card

You must use this Form to enclose with service by registered mail or courier.

This is not a form.

 

Cover Letter for  Record on Motion

You must prepare this cover letter to accompany your Record on Motion.

This is not a form.

 

 

Index for a Record on Motion

You must prepare this index, which is like a table of contents, for the Record on Motion.  The example shows how to list your documents.

This is not a form.

 

 

 

 

Responding Document

 

The “responding document” is an affidavit prepared and filed with the court by the parent served with a Notice of Motion. It tells the court how that parent disagrees with the motion.  NOTE: Be sure to file a Financial Statement and income information with the court even if you are not going to oppose the motion.

 

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