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1Rule 19.01 of the Rules of Court, “SERVICE OUTSIDE NEW BRUNSWICK”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended

(a) in clause k) of the French version by striking out “de soutien” and substituting “d’aliments”;

(b) by repealing clause (l) and substituting the following:

(l) for parenting time or decision-making responsibility with respect to a minor or maintenance of, or contact with, a minor,

2Rule 73 of the Rules of Court, “FAMILY DIVISION”, is amended

(a) in subrule .02.1 of Rule 73 by adding after clause (2)(g) the following:

(g.1) the particulars of previous proceedings with respect to the claim, or any other proceedings involving the respondent or the applicant or any of the children, including any criminal or child protection cases or orders, and any restraining orders or applications,

(b) in subrule .03 of Rule 73 by repealing clause (2)(c) and substituting the following:

(c) any income information required under the child support guidelines under the Family Law Act.

(c) in subrule .04 of Rule 73

(i) by repealing clause (1)(f) and substituting the following:

(f) subject to paragraph (2) cause a copy of the Notice of Application, any Financial Statements, any income information required under the child support guidelines under the Family Law Act and any affidavits to be used by the applicant on the hearing to be served on each respondent in the manner prescribed by Rule 18.

(ii) in paragraph (2) by striking out “any income information required by the regulations respecting orders for child support under the Family Services Act” and substituting “any income information required under the child support guidelines under the Family Law Act”;

(d) by repealing paragraph (1) of subrule .07 of Rule 73 and substituting the following:

d(1)Unless ordered otherwise, if guardianship is in issue in a proceeding or if a Notice of Application is issued that contains a claim for a parenting order or a contact order, each parent, each guardian and each person who has parenting time or decision-making responsibility in respect of the child shall be made a party to the proceeding.

(e) in subrule .11 of Rule 73

(i) in paragraph (1)

(A) by repealing the portion preceding clause (a) and substituting the following:

A(1)Where an applicant claims child support or a parenting order,

(B) in clause (a) by striking out “required by the regulations respecting orders for child support under the Family Services Act,” and substituting “required under the child support guidelines under the Family Law Act,”;

(C) in clause (b) by striking out “required by the regulations respecting orders for child support under the Family Services Act,” and substituting “required under the child support guidelines under the Family Law Act,”;

(D) in clause (c) by striking out “required by the regulations respecting orders for child support under the Family Services Act,” and substituting “required under the child support guidelines under the Family Law Act,”;

(ii) in paragraph (1.1) by repealing the portion preceding clause (a) and substituting the following:

ii(1.1)Where an applicant claims support for themselves or for a dependant who is not a child,

(iii) in paragraph (2)

(A) by repealing the portion preceding clause (a) and substituting the following:

A(2)Where a respondent claims child support, support for a dependant who is not a child or a parenting order,

(B) in clause (a) by striking out “required by the regulations respecting orders for child support under the Family Services Act” and substituting “required under the child support guidelines under the Family Law Act”;

(C) by repealing subclause (b)(ii) and substituting the following:

(ii) where the respondent’s claim pertains to child support, the income information required under the child support guidelines under the Family Law Act.

(f) in paragraph (4) of the French version of subrule .15 of Rule 73 by striking out “ordonnance provisoire de soutien pour enfant” and substituting “ordonnance alimentaire provisoire”;

(g) in subrule .16 of Rule 73

(i) by repealing the heading “Dépôt des ententes de soutien” preceding the French version of paragraph (1) and substituting the following:

73.16 Dépôt des accords alimentaires

(ii) in paragraph (1) by repealing the portion preceding clause (a) and substituting the following:

ii(1)An agreement filed under section 79 of the Family Law Act shall

(iii) by repealing paragraph (2) and substituting the following:

iii(2)An Agreement may be filed with the court under section 79 of the Family Law Act by filing the original or a duplicate original with the administrator.

(h) in subrule .17.1 of Rule 73

(i) by repealing the heading “Marital Property, Custody and Access Applications” preceding paragraph (1) and substituting the following:

73.17.1 Marital Property, Parenting Order or Contact Order Applications

(ii) by repealing paragraph (1) and substituting the following:

ii(1)If an application, not included in any other proceeding except an application for a parenting order or a contact order, as the case may be, is made under the Marital Property Act or an application for a parenting order or a contact order is made under the Family Law Act, it shall be commenced by issuing a Notice of Application (Form 73AA).

(iii) by repealing paragraph (3) and substituting the following:

iii(3)If a proceeding is commenced for a parenting order or a contact order under the Family Law Act, the Notice of Application shall be accompanied by the documents set out in Rule 73.03.

(iv) by repealing paragraph (6) and substituting the following:

iv(6)The Notice of Application, any Financial Statements, any income information required under the child support guidelines under the Family Law Act and any affidavits to be used by the applicant at the hearing shall be served on each respondent in the manner prescribed by Rule 18 and within 6 months after the Notice of Application is issued.

(v) by repealing paragraph (8) and substituting the following:

v(8)If the applicant’s claim is for support or a parenting order, the respondent shall, within 20 days after service of the Notice of Application, serve on the applicant a Financial Statement and any income information required under the child support guidelines under the Family Law Act.

(i) in subrule .17.2 of Rule 73

(i) by repealing the heading “Motion to Vary, Discharge or Suspend Support Order or Custody Order” preceding paragraph (1) and substituting the following:

73.17.2 Motion to Vary, Discharge or Suspend Support Order, Parenting Order or Contact Order

(ii) in paragraph (1) by striking out “a support order or a custody order” and substituting “a support order or a parenting order”;

(iii) by adding after paragraph (2) the following:

iii(3)A motion to vary, discharge or suspend a contact order shall be made by Notice of Motion (Form 37A).

(j) in subrule .17.3 of Rule 73

(i) by repealing the heading “Motion to Vary, Discharge or Suspend Child Support Order or Order for the Support of a Child at or over the Age of Majority” preceding paragraph (1) and substituting the following:

73.17.3 Motion to Vary, Discharge or Suspend Child Support Order

(ii) in paragraph (1) by striking out “a child support order or an order for the support of a child at or over the age of majority,” and substituting “a child support order,”;

(iii) in clause (2)a) of the French version by striking out “ordonnance de soutien” and substituting “ordonnance alimentaire”;

(iv) in clause (3)(b) by striking out “required by the regulations respecting orders for child support under the Family Services Act” and substituting “required under the child support guidelines under the Family Law Act”;

(v) in paragraph (6)

(A) in clause (b) by striking out “required by the regulations respecting orders for child support under the Family Services Act” and substituting “required under the child support guidelines under the Family Law Act”;

(B) in clause (c) by striking out “child support order or the order for the support of a child at or over the age of majority” and substituting “child support order”;

(vi) in paragraph (7) by striking out “by the regulations respecting orders for child support under the Family Services Act” and substituting “under the child support guidelines under the Family Law Act”;

(k) by adding after subrule .17.3 of Rule 73 the following:

Motion on Change in Place of Residence or Relocation

73.17.3.1(1)For the purpose of subsection 59(4) or 60(6) of the Family Law Act, a person who has parenting time or decision-making responsibility in respect of a child and who intends to change their place of residence or to undertake a relocation, as the case may be, may make a motion without notice seeking an order for

(a) an exemption from the requirement to give notice of a change in residence or of a relocation, or

(b) a modification to the requirement to give notice of a change in residence or of a relocation.

73.17.3.1(2)For the purpose of subsection 66(3) of the Family Law Act, a person who has contact with a child under a contact order and who intends to change their place of residence may make a motion without notice seeking an order for

(a) an exemption from the requirement to give notice of a change in residence, or

(b) a modification to the requirement to give notice of a change in residence.

73.17.3.1(3)A motion under paragraph (1) or (2) shall be made by Notice of Motion (Form 37A) accompanied by a supporting affidavit.

73.17.3.1(4)The person giving notice shall file the Notice of Motion and the affidavit with the administrator of the Family Division in the judicial district where the person habitually resides.

73.17.3.1(5)A person who has parenting time or decision-making responsibility in respect of a child and who objects to a relocation may state their objection in

(a) a motion to vary, discharge or suspend a parenting order, or

(b) an application for a parenting order.

73.17.3.1(6)A motion under clause (5)(a) shall be made by filing the following:

(a) a Notice of Motion (Form 37A) accompanied by a supporting affidavit; and

(b) a copy of the notice of relocation.

73.17.3.1(7)An application under clause (5)(b) shall be issued by filing the following:

(a) a Notice of Application (Form 73A) accompanied by a supporting affidavit; and

(b) a copy of the notice of relocation.

73.17.3.1(8)A Notice of Motion or a Notice of Application, as the case may be, and any accompanying documents referred to in paragraph (6) or (7) shall be filed with the administrator of the Family Division in the judicial district where one of the parties habitually resides.

73.17.3.1(9)A party who files a Notice of Motion or a Notice of Application, as the case may be, shall serve a copy of it and any accompanying documents on the other persons who have parenting time and decision-making responsibilities with respect to the child in the manner prescribed by Rule 18 for the service of an originating process.

73.17.3.1(10)A party served with a Notice of Motion or a Notice of Application, as the case may be, shall serve on the party who filed it an affidavit in response at least five days before the hearing of the motion or the application.

(l) by repealing paragraph (1) of subrule .17.4 of Rule 73 and substituting the following:

l(1)Despite Rule 73.17.3, if the parties consent to the variation, discharge or suspension of a child support order, they shall file, with the administrator of the Family Division in the judicial district in which one of the parties habitually resides, a consent order signed by both parties and accompanied by a copy of the support order and any income information required under the child support guidelines under the Family Law Act.

(m) by repealing paragraph (1) of subrule .19 of Rule 73 and substituting the following:

m(1)If an amount ordered to be paid under the Family Law Act or the Family Services Act is not paid or security required to be filed under the Family Law Act or the Family Services Act is not filed, the court may issue an Order to Attend (Form 73E) or a Warrant to Apprehend (Form 73B).

3Rule 81 of the Rules of Court, “FAMILY LAW RULE IN JUDICIAL DISTRICTS WITH A CASE MANAGEMENT MODEL”, is amended

(a) in subrule .04 of Rule 81

(i) by repealing the definition “Child Support Guidelines”;

(ii) in the French version by repealing the following definitions:

« soutien »;

« soutien pour enfant »;

(iii) in the English version by repealing the definition “child support” and substituting the following:

child support includes support for a child who has attained the age of majority and who is under the charge of their parents and unable to withdraw from their charge or to obtain the necessaries of life by reason of illness, disability, pursuit of reasonable education or any other cause;

(iv) in the English version by repealing the definition “support” and substituting the following:

support means one or more of the following:

(a) child support under the Family Law Act or the Divorce Act (Canada);

(b) spousal support under the Divorce Act (Canada); and

(c) support for a dependant who is not a child under the Family Law Act;

(v) by adding the following definition in alphabetical order:

child support guidelines means the Child Support Guidelines Regulation – Family Law Act or the Federal Child Support Guidelines – Divorce Act (Canada), as the case may be;

(vi) in the French version by adding the following definitions in alphabetical order:

aliments s’entend de l’une ou de plusieurs des choses suivantes :

(a) les aliments pour enfant que prévoit la Loi sur le droit de la famille ou la Loi sur le divorce (Canada);

(b) les aliments pour époux que prévoit la Loi sur le divorce (Canada);

(c) les aliments pour une personne à charge qui n’est pas un enfant que prévoit la Loi sur le droit de la famille;

aliments pour enfant s’entend également des aliments pour les enfants majeurs qui sont à la charge de leurs parents sans pouvoir cesser de l’être ou subvenir à leurs besoins en raison de maladie, d’invalidité, de la poursuite d’études raisonnables ou de toute autre cause;

(b) in subrule .05 of Rule 81

(i) by repealing paragraph (1) and substituting the following:

i(1)A proceeding is commenced under the Family Law Act for support or a parenting order when an applicant files with the administrator an Application (Form 81A) and a copy of the Application for every other party. An Application may include a claim under the Marital Property Act.

(ii) by adding after paragraph (1) the following:

ii(1.1)A proceeding is commenced under the Family Law Act for a contact order when an applicant files with the administrator an Application for Contact Order (Form 81AA) and a copy of the Application for every other party.

(iii) by repealing paragraph (2) and substituting the following:

iii(2)A proceeding is commenced under the Divorce Act (Canada) when an applicant files with the Registrar an Application (Form 81A) and a copy of the Application for every other party. An Application may include a claim under the Marital Property Act.

(iv) by adding after paragraph (2) the following:

iv(2.1)A person who is not a spouse but who is a parent of the child, or who stands in the place of a parent or intends to stand in the place of a parent, may apply for a parenting order under the Divorce Act (Canada), with the permission of the court, if the person files with the administrator a Notice of Preliminary Motion (Form 37B), an Application (Form 81A) and copies of those documents for every other party.

iv(2.2) A person may apply for a contact order under the Divorce Act (Canada), with the permission of the court, if the person files with the administrator a Notice of Preliminary Motion (Form 37B), an Application for Contact Order (Form 81AA) and copies of those documents for every other party.

(v) by repealing paragraph (4) and substituting the following:

v(4)An Application that contains a claim for support or a parenting order, with or without a claim under the Marital Property Act, shall be accompanied by the applicable documents required under Rule 81.08.

(vi) in the heading “Affidavit in Support of Claim for Custody or Access” preceding paragraph (5) by striking out “Custody or Access” and substituting “Parenting Order”;

(vii) by repealing paragraph (5) and substituting the following:

vii(5)An Application that contains a claim for a parenting order shall be accompanied by an Affidavit in Support of Claim for Parenting Order (Form 81B) in addition to the applicable documents required under paragraph (4).

(viii) by adding after paragraph (5) the following:

viii(5.1)An Application for Contact Order shall be accompanied by a supporting affidavit.

(ix) by repealing paragraph (6) and substituting the following:

ix(6)Unless ordered otherwise, if an Application contains a claim for a parenting order or if an Application for Contact Order is made, each parent and each person who has parenting time or decision-making responsibility in respect of the child shall be made a party.

(x) in paragraph (9)

(A) by repealing the portion preceding clause (a) and substituting the following:

A(9)On receiving an Application under paragraph (1) or (2.1) or an Application for Contact Order under paragraph (1.1) or (2.2), as the case may be, the administrator shall

(B) in clause (d) by striking out “Application” and substituting “Application or Application for Contact Order, as the case may be,”;

(C) in clause (e) by striking out “Application” and substituting “Application or Application for Contact Order, as the case may be,”;

(xi) in paragraph (11) by striking out “Application” and substituting “Application or Application for Contact Order, as the case may be”;

(c) in subrule .06 of Rule 81

(i) by repealing paragraph (1) and substituting the following:

i(1)A respondent who does not oppose an Application or an Application for Contact Order, as the case may be, shall notify the administrator in writing that they do not oppose. The respondent shall also confirm their address in the notification.

(ii) in paragraph (2) by striking out “Application or to assert” and substituting “Application that contains a claim for support or a parenting order, or to assert”;

(iii) by adding after paragraph (2) the following:

iii(2.1)A respondent who wishes to oppose an Application for Contact Order shall file with the administrator an affidavit in opposition and any accompanying documents within 20 days after being served with the Application for Contact Order.

(iv) by repealing paragraph (3) and substituting the following:

iv(3)Despite paragraphs (2) and (2.1), if an Application or an Application for Contact Order is served outside Canada, the time for filing an Answer or an affidavit in opposition, as the case may be, is 40 days.

(v) by adding after paragraph (6) the following:

v(6.1)Immediately on the filing of an affidavit in opposition to an Application for Contact Order and any accompanying documents, the administrator shall cause a copy of them to be served on the applicant and every other party.

(vi) by repealing paragraph (8) and substituting the following:

vi(8)If an Answer is in response to an Application that contains a claim for support or a parenting order or if an Answer contains a claim for support or a parenting order, the Answer shall be accompanied by the applicable documents required under Rule 81.08.

(vii) in the heading “Affidavit in Support of Claim for Custody or Access” preceding paragraph (9) by striking out “Custody or Access” and substituting “Parenting Order”;

(viii) by repealing paragraph (9) and substituting the following:

viii(9)An Answer that contains a claim for a parenting order shall be accompanied by an Affidavit in Support of Claim for Parenting Order (Form 81B) in addition to any other documents required by this subrule.

(ix) by adding after paragraph (10) the following:

ix(10.1)If a respondent does not file an affidavit in opposition to an Application for Contact Order in accordance with paragraph (2.1),

(a) the judge or the Case Management Master may deal with the proceeding in the absence of the respondent, and

(b) the administrator may set a date and time for the hearing of an uncontested proceeding.

(d) in subrule .07 of Rule 81

(i) by adding after paragraph (1) the following:

i(1.1)An applicant may amend an Application for Contact Order filed under Rule 81.05(1.1) without the court’s permission as follows:

(a) if no affidavit in opposition has been filed, by filing and serving an Amended Application for Contact Order in the manner set out in Rule 81.05 at least 7 days before the date set for the meeting between the parties and the triage coordinator; and

(b) if an affidavit in opposition has been filed, by filing and serving an Amended Application for Contact Order in the manner set out in Rule 81.05 at least 7 days before the date set for the meeting between the parties and the triage coordinator and also filing the consent of all parties to the amendment in the same period of time.

(ii) by repealing the heading “Amending Answer or Filing Answer without Court’s Permission” preceding paragraph (2) and substituting the following:

Amending or Filing Answer or Affidavit in Opposition without Court’s Permission

(iii) by adding after paragraph (2) the following:

iii(2.1)If an Application for Contact Order has been amended and the respondent has filed an affidavit in opposition under Rule 81.06, the respondent may amend the affidavit without the court’s permission by filing and serving an amended affidavit within 20 days after being served with the amended Application for Contact Order.

(iv) by adding after paragraph (3) the following:

iv(3.1)If an Application for Contact Order has been amended and the respondent has not filed an affidavit in opposition under Rule 81.06, the respondent may, without the court’s permission, file and serve an affidavit in opposition in response to the Amended Application for Contact Order within 20 days after being served with the Amended Application for Contact Order.

(v) by adding after paragraph (4) the following:

v(4.1)If an Application for Contact Order has not been amended, a respondent may amend their affidavit in opposition without the court’s permission by filing and serving an amended affidavit in opposition at least 7 days before the date set for the meeting between the parties and the triage coordinator and also filing the consent of all the parties to the amendment in the same period of time.

(vi) in paragraph (5) by striking out “Application” and substituting “Application or Application for Contact Order, as the case may be,”;

(vii) in the heading “Amending Application, Answer or Reply with Court’s Permission” preceding paragraph (6) by striking out “Application, Answer or Reply” and substituting “Documents”;

(viii) in paragraph (6) by striking out “Application, Answer or Reply,” and substituting “Application, Application for Contact Order, Answer, affidavit in opposition or Reply,”;

(e) in subrule .08 of Rule 81

(i) in paragraph (1)

(A) by repealing the portion preceding clause (a) and substituting the following:

A(1)The following rules apply if an applicant claims child support or a parenting order:

(B) in clause (a) by striking out “Child Support Guidelines” and substituting “child support guidelines”;

(C) in clause (b) by striking out “Child Support Guidelines” and substituting “child support guidelines”;

(D) in clause (c) by striking out “Child Support Guidelines” and substituting “child support guidelines”;

(ii) in paragraph (2) by repealing the portion preceding clause (a) and substituting the following:

ii(2)The following apply if an applicant claims support for themselves or for a dependant who is not a child:

(iii) in paragraph (3)

(A) by repealing the portion preceding clause (a) and substituting the following:

A(3)The following apply if a respondent claims support or a parenting order:

(B) in clause (a) by striking out “Child Support Guidelines” and substituting “child support guidelines”;

(C) by repealing subclause (b)(ii) and substituting the following:

(ii) if the respondent’s claim pertains to child support, the income information required by the child support guidelines, together with a copy of it for every other party.

(f) in subrule .09 of Rule 81

(i) in paragraph (1)

(A) in clause (b) by striking out “Application” and substituting “Application or an affidavit in opposition has been filed in response to an Application for Contact Order,”;

(B) in clause (c) by striking out “Application” and substituting “Application or no affidavit in opposition has been filed in response to an Application for Contact Order”;

(ii) by repealing paragraph (2) and substituting the following:

ii(2)If an Application or an Application for Contact Order, as the case may be, is not served on a respondent on or before the date set for a meeting between the parties and the triage coordinator, the triage coordinator shall set a new date and time for the meeting. The triage coordinator shall also make the necessary changes to the Application or Application for Contact Order and return it to the applicant, who shall serve it on the respondent immediately.

(g) in subrule .10 of Rule 81

(i) in paragraph (2) in the portion preceding clause (a) by striking out “Answer” and substituting “Answer or an affidavit in opposition, as the case may be,”;

(ii) in paragraph (3) by striking out “Answer” and substituting “Answer or affidavit in opposition”;

(h) in subrule .12 of Rule 81

(i) in clause (1)(a) by striking out “Application” and substituting “Application or in an Application for Contact Order, as the case may be,”;

(ii) in paragraph (4) by striking out “interest of justice.” and substituting “interest of justice, including when there is a risk of family violence.”

(iii) in paragraph (8)

(A) in clause (b) by striking out “an immediate danger” and substituting “a danger”;

(B) in clause (c) by striking out “an immediate danger” and substituting “a risk of family violence or a danger”;

(i) in subrule .13 of Rule 81

(i) in the heading “Motion en modification d’une entente ou d’une ordonnance” preceding paragraph (1) of the French version by striking out “d’une entente” and substituting “d’un accord”;

(ii) in paragraph (1)

(A) by repealing clause (a) and substituting the following:

(a) an agreement filed under section 79 of the Family Law Act,

(B) by repealing clause (c) and substituting the following:

(c) a final order under the Family Law Act.

(iii) in paragraph (3) by striking out “interest of justice.” and substituting “interest of justice, including when there is a risk of family violence.”;

(iv) in paragraph (4) of the French version in the portion preceding clause a) by striking out “une entente” and substituting “un accord”;

(v) in paragraph (6) of the French version in the portion preceding clause a) by striking out “d’une entente” and substituting “d’un accord”;

(vi) in paragraph (11) of the French version by repealing the portion preceding clause a) and substituting the following:

vi(11) Sous réserve du paragraphe (12), les parties à un accord ou à une ordonnance qui souhaitent demander à la cour de modifier l’accord ou l’ordonnance déposent auprès de l’administrateur :

(vii) in the heading “Motion en modification sur consentement - soutien pour enfant seulement” preceding paragraph (12) of the French version by striking out “soutien pour enfant” and substituting “aliments pour enfant”;

(viii) by repealing paragraph (12) of the French version and substituting the following:

viii(12)Les parties à un accord ou à une ordonnance qui souhaitent demander à la cour de modifier l’accord ou l’ordonnance uniquement en ce qui concerne l’obligation alimentaire pour enfant déposent auprès de l’administrateur une motion en modification des aliments pour enfant sur consentement (formule 81J), avec toutes les pièces jointes nécessaires.

(ix) in the heading “Entente ou ordonnance comme pièce jointe” preceding paragraph (14) of the French version by striking out “Entente” and substituting “Accord”;

(x) by repealing paragraph (14) and substituting the following:

x(14)A copy of any agreement or order that deals with parenting time, decision-making responsibility, contact or support and is currently in effect shall be attached to every Change Information Form or Consent Motion to Change Child Support.

(xi) in the heading “Modification non conforme aux les lignes directrices en matière de soutien pour enfant” preceding paragraph (15) of the French version by striking out “les lignes directrices en matière de soutien pour enfant” and substituting “lignes directrices sur les aliments pour enfant”;

(xii) in paragraph (15) by striking out “Child Support Guidelines, each party shall file with the administrator and serve the evidence required by the Guidelines,” and substituting “child support guidelines, each party shall file with the administrator and serve the evidence required by the guidelines,”;

(xiii) in paragraph (16) of the French version by striking out “d’une entente” and substituting “d’un accord”;

(xiv) in paragraph (18) of the French version by striking out “d’une entente” and substituting “d’un accord”;

(xv) in paragraph (19) of the French version by striking out “d’une entente” and substituting “d’un accord”;

(j) by adding after subrule .13 of Rule 81 the following:

Motion on Change in Place of Residence or Relocation

81.13.1(1)For the purpose of subsection 59(4) or 60(6) of the Family Law Act or subsection 16.8(3) or 16.9(3) of the Divorce Act (Canada), a person who has parenting time or decision-making responsibility in respect of a child and who intends to change their place of residence or to undertake a relocation, as the case may be, may make a motion without notice seeking an order for

(a) an exemption from the requirement to give notice of a change in place of residence or of a relocation, or

(b) a modification to the requirement to give notice of a change in place of residence or of a relocation.

81.13.1(2)For the purpose of subsection 66(3) of the Family Law Act or subsection 16.96(3) of the Divorce Act (Canada), a person who has contact with a child under a contact order and who intends to change their place of residence may make a motion without notice seeking an order for

(a) an exemption from the requirement to give notice of a change in place of residence, or

(b) a modification to the requirement to give notice of a change in place of residence.

81.13.1(3)A motion under paragraph (1) or (2) shall be made by Notice of Motion (Form 37A) accompanied by a supporting affidavit.

81.13.1(4)The person giving notice shall file the Notice of Motion and the affidavit with the administrator in the Judicial District where the person habitually resides.

81.13.1(5)A person who has parenting time or decision-making responsibility in respect of a child who objects to a relocation may state their objection in

(a) a motion to change a parenting order, or

(b) an application for a parenting order.

81.13.1(6)A person who has parenting time or decision-making responsibility in respect of a child who receives a notice of objection to relocation under clause 16.91(1)(b)(i)(A) of the Divorce Act (Canada) may request authorization to undertake the relocation in

(a) a motion to change a parenting order, or

(b) an application for a parenting order.

81.13.1(7)A motion under clause (5)(a) shall be made,

(a) in the case of an interim parenting order, by filing a Notice of Motion (Form 37A) in accordance with Rule 81.12, accompanied by a copy of the notice of relocation, or

(b) in the case of a final parenting order, by filing a Motion to Change (Form 81F) in accordance with Rule 81.13, accompanied by a copy of the notice of relocation.

81.13.1(8)An application under clause (5)(b) shall be made by filing an Application (Form 81A) in accordance with Rule 81.05, accompanied by a copy of the notice of relocation.

81.13.1(9)A motion under clause (6)(a) shall be made,

(a) in the case of an interim parenting order, by filing a Notice of Motion (Form 37A) in accordance with Rule 81.12, accompanied by a copy of the notice of relocation and the notice of objection to relocation, or

(b) in the case of a final parenting order, by filing a Motion to Change (Form 81F) in accordance with Rule 81.13, accompanied by a copy of the notice of relocation and the notice of objection to relocation.

81.13.1(10)An application under clause (6)(b) shall be made by filing an Application (Form 81A) in accordance with Rule 81.05, accompanied by a copy of the notice of relocation and the notice of objection to relocation.

Inter-jurisdictional Proceedings under the Divorce Act

81.13.2(1)The following definitions apply in this subrule.

designated authority means a person or entity designated by a province to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 of the Divorce Act (Canada).

designated jurisdiction means a jurisdiction outside Canada that is designated as a reciprocating jurisdiction by regulation under the Interjurisdictional Support Orders Act.

responsible authority means a person or entity in a designated jurisdiction that performs functions that are similar to those functions performed by a designated authority.

81.13.2(2)An inter-jurisdictional proceeding is commenced under the Divorce Act (Canada) when an applicant who is habitually resident in New Brunswick files with the administrator of the Judicial District in which the applicant habitually resides an application for a support order or an application for the variation of a support order in the form required by the designated authority for New Brunswick.

81.13.2(3)On receiving an application under paragraph (2), the administrator shall review the application and ensure it is complete and then forward it and any accompanying documents to the office of the Registrar.

81.13.2(4)On receiving an application under paragraph (3), the Registrar shall forward the application and any accompanying documents to the designated authority for the province in which the applicant believes the respondent is habitually resident or to the responsible authority in the designated jurisdiction in which the applicant believes the respondent is habitually resident, as the case may be.

81.13.2(5) On receiving an inter-jurisdictional application for a support order or for the variation of a support order under the Divorce Act (Canada) from an applicant who is habitually resident outside New Brunswick, the Registrar shall forward the application and accompanying documents to the administrator of the Judicial District in which the respondent habitually resides.

81.13.2(6)On receiving an application under paragraph (5), the administrator shall serve a copy of the application and of any accompanying documents on the respondent in the manner provided for in Rule 18 for service of originating process, together with a notice setting out the manner in which the respondent shall respond to the application, including the place and time the respondent is required to appear as well as any documents or other information required to be provided.

81.13.2(7)A respondent served under paragraph (6) who wishes to oppose the application or who wishes to assert a right or a claim shall file a response in the form required by the designated authority for New Brunswick within 20 days after being served with the application.

81.13.2(8)On receiving a request for further evidence from a designated authority or a responsible authority under subsection 18.1(13) or 19(11) of the Divorce Act (Canada), the Registrar shall communicate the request to the applicant, who is required to provide the information in an affidavit within the time set out by the designated authority or responsible authority, as the case may be, or, if no time has been specified, within twelve months after receiving the request.

81.13.2(9) If an applicant serves a Motion to Change (Form 81F) that seeks to vary a support order under the Divorce Act (Canada) on a respondent who habitually resides in another province or territory of Canada, the respondent may, within 40 days after being served, send to the administrator in the Judicial District where the Motion to Change was filed a request that the Motion to Change be converted into an application for the variation of a support order under paragraph (2).

81.13.2(10)Subject to subsection 18.2(3) of the Divorce Act (Canada), on receiving a request under paragraph (9), the administrator shall consider the Motion to Change to be an application for the variation of a support order under paragraph (2), and shall review it and ensure it is complete and then forward it and any accompanying documents to the office of the Registrar.

81.13.2(11)Paragraphs (4) and (8) of this subrule apply with the necessary modifications to a Motion to Change that is converted under paragraph (10) to an application for the variation of a support order.

(k) in subrule .15 of Rule 81

(i) in the heading “Dépôt des ententes de soutien” preceding paragraph (1) of the French version by striking out “des ententes de soutien” and substituting “des accords alimentaires”;

(ii) by repealing paragraph (1) and substituting the following:

ii(1)An agreement filed under section 79 of the Family Law Act shall

(iii) by repealing paragraph (2) and substituting the following:

iii(2)An agreement may be filed with the court under section 79 of the Family Law Act by filing the original or a duplicate original with the administrator.

(l) in subrule .19 of Rule 81

(i) by repealing the heading “Registration of Orders made in Other Courts in Canada” preceding paragraph (1) and substituting the following:

81.19 Registration of Orders or Decisions made elsewhere in Canada

(ii) by repealing paragraph (1) and substituting the following:

ii(1)If an order has been made by another court in Canada under section 15.1, 15.2, 16.1, 16.5, 17 or 19 of the Divorce Act (Canada) or a decision has been made by a provincial child support service in Canada under section 25.01 or 25.1 of that Act, registration of the order or decision under section 20 of that Act may be effected by filing a certified copy accompanied by the fee prescribed under Rule 81.20 in the office of the Registrar.

(m) by adding after subrule .19 of Rule 81 the following:

Recognition of Decisions made outside Canada

81.19.1(1)The following definitions apply in this subrule.

competent authority means a tribunal or other entity in a jurisdiction outside Canada that has the authority to make a decision under the jurisdiction’s law respecting any subject matter that could be dealt with under the Divorce Act (Canada).

designated jurisdiction means a jurisdiction outside Canada that is designated as a reciprocating jurisdiction by regulation under the Interjurisdictional Support Orders Act.

81.19.1(2)A decision of a designated jurisdiction may be registered under section 19.1 of the Divorce Act (Canada) and a decision made by a competent authority may be recognized under section 22.1 of that Act by filing a certified copy of the decision accompanied by the fee prescribed under Rule 81.20 in the office of the Registrar.

81.19.1(3)On receiving a decision for filing under paragraph (2), the Registrar shall forward a copy to the administrator in the Judicial District in which the respondent habitually resides.

81.19.1(4)On receiving a decision under paragraph (3), an administrator shall

(a) register it as an order of the court and send notice of the registration by registered mail to all parties who are habitually resident in New Brunswick, and

(b) file it in accordance with paragraph 5(1)(b) of the Support Enforcement Act, in the case of a decision registered under section 19.1 of the Divorce Act (Canada).

81.19.1(5)A party who wishes to set aside the registration of a decision may file a Notice of Motion (Form 37A) and a supporting affidavit within 30 days after receiving notice under clause (4)(a).

81.19.1(6)If a Notice of Motion to set aside a registration is filed under paragraph (5), the court may

(a) confirm the registration, or

(b) set aside the registration, if the court determines that

(i) a party did not have proper notice of the proceeding or was not afforded a reasonable opportunity to be heard in the proceeding outside Canada in which the decision was made,

(ii) the decision is contrary to public policy in New Brunswick, or

(iii) the designated jurisdiction or competent authority, as the case may be, did not have jurisdiction to make the decision.

81.19.1(7)The administrator in the Judicial District in which a decision is made under paragraph (6) shall forward a copy to the parties and to the Registrar by registered mail.

(n) by repealing paragraph (4) of subrule .20 of Rule 81 and substituting the following:

n(4)A party filing an order or a decision under Rule 81.19 or a decision under Rule 81.19.1 shall pay a fee of $5.00 to the Registrar.

4 Form 73A of the Appendix of Forms to the Rules of Court is repealed and the attached Form 73A is substituted.

5Form 73AA of the Appendix of Forms to the Rules of Court is repealed and the attached Form 73AA is substituted.

6Form 73B of the Appendix of Forms to the Rules of Court is amended

(a) in the French version by striking out “au soutien financier” and substituting “aux aliments”;

(b) in the French version by striking out “de soutien” and substituting “alimentaire”;

(c) by striking out “19.....” wherever it appears and substituting “20.....”.

7Form 73D of the Appendix of Forms to the Rules of Court is amended by striking out “19.....” and substituting “20.....”.

8Form 73E of the Appendix of Forms to the Rules of Court is amended in the French version by striking out “de soutien” wherever it appears and substituting “alimentaire”.

9Form 81A of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81A is substituted.

10The Appendix of Forms to the Rules of Court is amended by adding the attached Form 81AA after Form 81A.

11Form 81B of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81B is substituted.

12Form 81C of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81C is substituted.

13Form 81D of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81D is substituted.

14Form 81F of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81F is substituted.

15Form 81G of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81G is substituted.

16Form 81H of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81H is substituted.

17Form 81I of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81I is substituted.

18Form 81J of the Appendix of Forms to the Rules of Court is repealed and the attached Form 81J is substituted.

19This Rule comes into force on March 1, 2021.

2021-17 - Judicature Act

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