In Manitoba, when families require an order which may set out terms of family responsibilities, including parenting arrangements, child or spousal/common-law partner support, sale or occupancy of the family home or division of family property, or other issues, the matter is determined and an order is issued by the Family Division of the Court of King’s Bench.
Whether the details of an order are agreed upon by the parties or determined by a Judge after a contested hearing, the terms of the agreement or the Judge’s decision must be accurately described in a written order. It is important that orders in family proceedings are clear and easy to understand. Unclear orders may cause problems for parents and others, including enforcement officers, who must obey or enforce the terms of an order.
The use of mandatory wording in court orders in family proceedings enables the terms of those orders to be more easily understood and followed.
Recognizing the benefits of clear, consistent wording in court orders, the Court of King’s Bench introduced the use of mandatory standard clauses for most Family Division orders in 1998 (see King’s Bench Rules 70.31(11), (12) & (13)). These standard clauses have been updated regularly to reflect changes in family law and court procedures.
Version 7 of the Standard Clauses for Orders in Family Proceedings is now available and required for use in Family Division orders commencing October 1, 2024. See the Notice issued by the Honourable Associate Chief Justice Gwen B. Hatch, Court of King’s Bench (Family Division) on September 9, 2024.
Version 7 of the Standard Clauses for Orders in Family Proceedings should be used after October 1, 2024 and is available at:
Version 7 (for use commencing October 1, 2024) – PDF
Version 7 (for use commencing October 1, 2024) – Word
For more information, contact the Family Resolution Service at GetGuidance@gov.mb.ca, or call: 204-945-2313 (Winnipeg) or 1-844-808-2313 (toll-free), or the Legal Help Centre at info@legalhelpcentre.ca, or call: 204-258-3096.