www.manitobacourts.mb.ca

Family Division

Where can I get Court forms?

You will find user friendly court forms on-line at the following websites both on the Forms page of the Manitoba Courts website and the Manitoba Laws site.

If you do not have access to a computer, you may purchase court forms at any Manitoba Court Centre.

Can I find Court forms or Rules of the Court online?

You can find information on the Laws of Manitoba at http://www.gov.mb.ca/chc/statpub/index.html

Once you are at this Internet site, click on " Enter Manitoba Laws" to find specific information.

Can I access the Court Registry System online?

Yes, you can access the Court Registry System online at http://www. jus.gov.mb.ca/registry

What are the fees that I will have to pay to file court documents?

The Law Fees and Probate Charge Regulation regulate all court fees.

Fees can be paid by cash, cheque or money order. Security for costs must be paid by certified cheque or money order.

How do I file for a Divorce?

Rule 70 of the Court of Queen's Bench Act provides the form of court documents required to file for a divorce. The filing fee is $150.00 and can be paid by cash or money order made payable to the Minister of Finance. There is also and additional $10.00 fee for the ordering of a central divorce registry certificate. You are encouraged to seek the assistance of a lawyer. The lawyer referral service offered by the Community Legal Education Association can be contacted at (204) 943-3602, 1-800-262-8800, or you can consult the Manitoba Yellow Pages.

How do I order a Certificate of Divorce?

A Certificate of Divorce may be ordered from the Court of Queen's Bench Centre in Manitoba in which your divorce was granted. You may order the Certificate of Divorce by mail or in person. The fee is $20.00 payable in cash or money order made payable to the Minister of Finance. You will require your court file number, which can be found on the top right-hand corner of any of your court documents.

How can I obtain a copy of my Court Order?

You must attend to the Court of Queen's Bench Centre in Manitoba in which your court file is located. Court staff can photocopy you the order for a minimum charge of $2.50. ($1.00 for the 1st page and then .50 cents for each additional page). Some court offices in Winnipeg have coin-operated photocopiers for your use.

Can I obtain information on my file without the file number?

Yes, court staff can complete a search by using your full name.

I have been served with court documents. What should I do?

Court staff cannot provide you with legal advice. You may wish to represent yourself in proceedings before the Courts, however, it is recommended that you consult with a lawyer about your rights and all available remedies or outcomes that can be sought from the court.

How do I set aside a protection order?

To set aside a Protection Order, you must apply to the Court of Queen's Bench within 20 days of the date of service of the Protection Order. You must file a Notice of Application with a supporting Affidavit. The filing fee is $35.00 and can be paid by cash or money order made payable to the Minister of Finance. Service of this material will normally be undertaken by the Sheriff's office.  It is your oblication to check with the Sheriff's office to ensure service as been complete.  The actual hearing to set aside the protection order may or may not proceed on the date of the first court appearance.  The judge will determine if the matter is ready to proceed.  If not, a further court date may be set.

Refer to the Guide for Application to Set Aside/Vary/Revoke a Protection Order for additional information.

What is a Prevention Order?

It is a Queen’s Bench Order containing prevention relief. A Queen’s Bench Order containing prevention relief can only be made by a Judge of the Court of Queen's Bench and may have one of the following titles: Order, Interim Order, Variation Order, Final Order, Judgment, etc. This order can contain a greater number of conditions than a Provincial Court Protection Order and in some circumstances is a more appropriate remedy than a Protection Order. An application may be made without notice.

What kind of conditions can I ask for in a Queen’s Bench Order containing prevention relief?

A Queen’s Bench Order containing prevention relief can contain the same conditions found in a Provincial Court Protection Order, but can also contain additional conditions, such as:

  • allowing the applicant sole occupation of the family residence;
  • giving temporary possession of specified personal property, such as household goods, furniture or vehicles;
  • seizing items used by the respondent to further the domestic violence or stalking;
  • recommending the respondent obtain counseling;
  • prohibiting the respondent from damaging or dealing with property in which the applicant has an interest; and
  • ordering the respondent to pay compensation to the applicant for any monetary losses caused by the violence or stalking, such as expenses for counseling, security measures, moving or lost income.

The court can also order the respondent’s drivers license be suspended if a motor vehicle has been used to further domestic violence or stalking.

How do I change a hearing date?

A hearing date can only be changed by consent of all the parties. That consent, along with a requisition, must be filed with a new date. You can obtain a new date from the Trial and Motion Coordination (Winnipeg) or from court staff where your court file is located.

Can I get a copy of an adoption order from the court?

A request for a copy of an Adoption Order can ONLY be obtained by the adoptive parents or the adopted child if the child is 18 years of age or older. All requests must be made in writing. The court requires the following information:

  • complete adoptive name;
  • complete address;
  • telephone number;
  • date of birth;
  • court office where the adoption was done;
  • adoptive parents' complete names; and
  • approximate time of adoption.

There is no fee for this request. You can mail your request to the Court of Queen’s Bench, Adoptions, Room 100C 408 York Avenue, Winnipeg, MB R3C 0P9.

You can find more information on the Post-Adoption Registry of Manitoba at:

http://www.gov.mb.ca/fs/childfam/registry

Where can I get more information on changing child support orders in Manitoba?

A “Guide to Changing a Child Support Order in Manitoba” is for parents who pay child support and for parents who receive child support. This Guide contains general information about the Courts’ requirements, procedures and documents needed to apply to Court to change a Child Support Order in Manitoba. The Guide is available free from court offices and maintenance enforcement program offices throughout Manitoba as well as from Manitoba Legal Aid offices and Community Legal Education Association. Contact addresses and phone numbers are listed below.

You can view or download the Guide at: http://www.gov.mb.ca/justice/family/law/pdf/gccso.pdf

Caution: This Guide does not provide legal advice. It does not help you to decide if you should go ahead with the Court process or decide how to proceed. The process is complicated and this guide does not answer every question that you may have. Even if you decide not to use a lawyer to represent you, you still should consult a lawyer before you use this guide.

Information on this page last updated on November 3, 2014