Practice Directions – Changes for the Family Bar

These changes have come about as a result of the Divorce Act amendments.

DIVORCE ACT AMENDMENTS RULES
On January 29, 2021, The Queen’s Bench Statutory Rules Committee met and passed Queen’s Bench Rule Amendments dealing with Rule 70 amendments, required by the Divorce Act amendments which come into effect on March 1, 2021. It includes an overview of the changes to Rule 70.

The full text of the amendments along with the forms, Man. Reg. 7/2021, are posted on the Manitoba Laws website.

VERSION 6 OF THE MANDATORY STANDARD CLAUSES FOR FAMILY DIVISION ORDERS
The use of Standard Clauses in Family Division orders has been mandatory since 1998 [see Court of Queen’s Bench Rules 70.31(11), (12) and (13). Standard Clauses reflect the intent of a judge’s decision in a consistent way and make the terms of orders more readily understood by parties and agencies dealing with the order.

This version of the mandatory standard clauses can be found on the Manitoba Courts website.

Bill C-78 Divorce Act Webinar

The Bill C-78 Divorce Act Changes: What you need to know

Substantial changes to the Divorce Act come into force on March 1, 2021. Experts from the Family and Children’s Law Team, Department of Justice Canada, are offering free virtual training to provide you with an overview of the amendments.

This course will be helpful to those who need an introduction to the amendments and to those who need a refresher on the eve of implementation.

Due to demand, additional sessions have been added. but have since filled. Please keep checking the website for new dates and times.

New Notice and Practice Directive

Provincial Court

Child Protection Hearings (October 1, 2020)

Further to previous notices, the Provincial Court is notifying the profession that in communities where the court has not resumed sitting, the child protection dockets will continue to sit in the court centres for the month of October.

This includes the communities of; Steinbach, Beausejour, Pine Falls, Peguis First Nation, Emerson, Portage la Prairie, Dauphin, Bloodvein, Cross Lake, Norway House and Little Grand Rapids. Details of dockets that will be sitting in Winnipeg, and The Pas are provided.

The notice also gives instructions for when a party may be in custody and requires transportation to the courtroom. It also asks that whenever possible, for persons in custody they appear by video to avoid the need to quarantine, to reduce delays.


For a list of all notices and practice directions related to COVID-19 visit manitobacourts.mb.ca/covid-19/

Manitoba Government to create new Family Resolution Service

The government of Manitoba has announced that they will be launching the first phase of a family law service that will ensure services are more accessible and affordable to Manitobans.

The news release posted here lists new features for families that include:

  • early resolution support services delivered by family guides with expertise in domestic violence and safety planning, conflict resolution and mediation, family law and court processes.
  • navigation assistance to other culturally and linguistically appropriate specialized services, which could include a new Child Support Service, Legal Aid, expanded enforcement or other financial, legal or health and social services.
  • self-service tools and a resource inventory that is searchable by region and issue.
  • support to complete any prerequisites for court.
  • allows families to access support electronically.

The notice also mentions changes coming to the The Family Law Modernization Act, which will “expand the role of the Child Support Recalculation Service and give it the authority to make initial child support decisions in a broad range of cases, such as changes in employment, without going to court. “

Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event.  Regular library service will resume Monday, December 16th at 8:30AM.

Please note: The library will be closed on Monday, November 11th, 2024.  Regular library service will resume Tuesday, November 12th at 8:30AM.