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Family Law Forms

Changing an Order (eg. child support variation)

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 The terms “custody” and “access” have been replaced by terms such as “parenting time” and “decision-making responsibility”, which can be set out in a “Parenting Plan” or in a “Parenting Order”.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.

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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Service of New Brunswick

  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
     
  info@familylawnb.ca