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In Manitoba, families experiencing separation and divorce generally apply to the Family Division
of the Court of Queen's Bench to make an order that sets out the terms of the separation.
Although a Judge makes an order at the time of a hearing, it cannot be enforced
until a written order is prepared by the parties or their lawyers and is
signed by the Judge. It often takes too
long between the time the Judge makes a decision and the time a
court order is signed and can be enforced. This can cause problems for those
paying and those receiving support or protection.
Like many legal documents, orders can be difficult to understand. This can cause problems for
parents and enforcement officers who must try to figure out what the order means to be able to
obey it.
The Automated Family Court Order Project will improve court processes by reducing
delay and will make orders easier to understand. Commonly used clauses have been
collected and put into plain language to ensure the orders are clear and
easily understood by all who must use them.
Counsel, having security access, will submit draft orders electronically
into the Court System prior to a scheduled hearing.
On the hearing date,
the clerk will electronically order the draft order
into the courtroom. On the edited document being appproved, it will be
physically signed by the presiding Judge, electronically trued and submitted
into the
Court Registry System and distributed to all parties prior to anyone
leaving the courtroom. This will eliminate the delay between the
pronouncement of an order and its preparation for signing and enforcement.
This system of producing orders is being introduced in stages.
Stage 1 - On March 30th, 1998, use of standard clauses when preparing
orders in the Family Division became mandatory.
Stage 2 - On March 2nd, 2000, the electronic
transfer of court information to assist in the creation of draft orders
went live
in the Masters' Maintenance Enforcement court.
Stage
3 - On January 10th, 2001, the
Auto Order Project was introduced to a volunteer test group from the
Legal Profession on behalf of the larger Family Division.
Stage 4 - In early Fall of 2004, the project team initiated the business
and technical requirements gathering phase. The data accumulated assisted
in the conceptual design of the various components of the Automated Family
Court Order System.
Stage 5 - November 2005 to date, the project team presented the new visuals
to the stakeholders, current users and external legal professional volunteers
in order to receive their comments while in the early development phase.
The development phase, which will include users testing the different
components as they are developed, allowing them to gradually adapt
to the
system, is currently ongoing.
In August 2006, a Notice from Associate Chief Justice Mercier authorized distribution of Version 2 of the Court of Queen's Bench, Family Division, Standard Clause Package. The notice included a reminder that use of standard clauses when preparing family orders has been mandatory since 1998 pursuant to Queen's Bench Rule 70.31(11), (12) and (13).
In August 2009, a Notice from Associate Chief Justice Lori Douglas authorized
distribution of Version 3 of the Court of Queen’s Bench, Family Division,
Standard Clause Package. Changes to the Standard Clauses were required for
use in the live Automated Family Court Order (AFCO) Application currently in
use in the Masters’ Maintenance Enforcement Court (Winnipeg Centre) as
well as other minor changes to words and/or footnotes.
To VIEW the most recent version of the clauses
Click on the English or French link below
To DOWNLOAD the most recent version of the clauses
Click on your preferred format link below
English Versions:
French Versions:
Note: The most current version of the standard clauses will always be found
at this site.
For MORE INFORMATION ABOUT THE PROJECT contact:
AutoOrderSupport@gov.mb.ca
or
Project Manager
Court of Queen's Bench
Law Courts Complex
2nd Floor - 408 York Avenue
Winnipeg, MB R3C 0P9
Canada
Phone: 204-945-6218
Last updated - November 2009