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Family Law Forms

Custody, Access and Support

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 The terms “custody” and “access” have been replaced by terms such as “parenting time” and “decision-making responsibility”, which can be set out in a “Parenting Plan” or in a “Parenting Order”.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

For information on how to complete forms to apply to the court for custody, access, and/or support, you should first review the guide Applying for Custody, Access and Support in New Brunswick. If you proceeding include support, be sure to review the guide to completing a Financial Statement and Income Information.

Form Number

Title of Form

Example

What you should know

Form 73A

 

 

 

Notice of Application

In custody applications, there two Forms: 73A and 73AA. Before you start, call the Family Division Court in your judicial district and ask which form you need.

Notice of Application

 

 

 

 

This document starts the legal process to ask the court for custody, access and/or support.

NOTE: Court staff will put a date for your court hearing on the first page and return a copy to you. You must serve a copy of all the documents on the other parent at least 10 days before the court date.

Form 73AA

 

 

 

 

Notice of Application

In custody applications, there two Forms: 73A and 73AA. Before you start call the Family Division Court in your judicial district and ask which form you need.

Notice of Application

 

 

 

 

This document starts the legal process to ask the court for custody, access and/or support.

NOTE: Court staff will return a copy to you without a court date.  For information on how to proceed, see Applying for Custody, Access and Support

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 for Personal Service

 

If you use personal service you must give this form to your server. The server must have it witnessed by a Commissioner of Oaths. 

Form 18B

 

Affidavit of Service

 

Affidavit of Service by Registered Mail

If you use service by registered mail, you must use Form 18B. The form must be witnessed by a Commissioner of Oaths.

Form 18A

 

Acknowledgment of Receipt Card

Receipt Card

Enclose this Form with documents being served by registered mail or courier.

This is not a form.

 

Trial Record Cover Page

Prepare this cover page for the Trial Record.

This is not a form.

 

Index for the Trial Record

Prepare this table of contents for the Trial Record. 

Form 47B

Certificate of Readiness

Certificate of Readiness

Complete this form for your Trial Record.

Form 37A

Notice of Motion

Notice of Motion

This Form is used to make a request about an ongoing matter before the Court. [Use Form 72U for child support variation.]

Form 72U

 

Notice of Motion

Notice of Motion

 

 

This Form is used to ask the Court to change an existing child support order. Note: If you use Form 72U, you MUST serve the Notice of Motion at least 25 days before the hearing.

Form 72J

 

Financial Statement

 

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

The Court requires both parties submit Financial Statements when the action includes requests for support. Note: the Financial Statement MUST be witnessed by a Commissioner of Oaths.

This is not a form.

 

 

Affidavit (template)

 

 

Affidavit

 

This is a signed written statement of facts that MUST be witnessed by a Commissioner of Oaths.
Note: There are different rules when making an affidavit for an application or for a motion. See the guide Applying for Custody, Access and Support.

This is not a form.

 

Index for a Record on Motion

Prepare this table of contents for the Record on Motion.

This is not a form.

 

Cover Page for a Record on Motion

Prepare this cover page for the Record on Motion.

This is not a form

 

 

Responding document

 

This is an affidavit prepared and filed with the court by the parent (party) served with a Notice of Motion or Notice of Application.
NOTE: The respondent must file a Financial Statement and income information with the court even if he/she is not going to oppose the motion.

Form 55A

 

Summons to Witness

 

 

 

 

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Service of New Brunswick

  P.O. Box 6000, Fredericton
New Brunswick, Canada E3B 5H1
     
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Family Law Line: 1-888-236-2444
     
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