Family Law Regulation

Family Law Regulation, M.R. 50/2023 The Family Law Act , C.C.S.M. c. F20 Regulation 50/2023 Registered May 26, 2023 bilingual version (HTML) Table of Contents Section 1 Definitions PART 1 CONTACT ORDERS 2 Notice of application re contact order PART 2 GUARDIANSHIP 3 Definitions 4 Notice of application re guardianship 5 Child abuse and criminal record check requirement PART 3 RELOCATION & CHANGE OF RESIDENCE 6 Notice of proposed relocation 7 Notice of objection to proposed relocation 8 Notice of change of residence 9 Manner of service PART 4 COMING INTO FORCE 10 Repeal 11 Coming into force Schedule A Notice of Proposed Relocation Form B Notice of Objection to Proposed Relocation Form C Notice of Change of Residence Form INTRODUCTORY PROVISIONS Definitions 1 In this regulation, "Act" means The Family Law Act . PART 1 CONTACT ORDERS Notice of application re contact order 2 A person applying for a contact order under section 40 of the Act or an order for variation of a contact order under section 43 of the Act must give notice to the following: (a) the parents of the child; (b) the guardian of the child; (c) the child if the child is 12 years of age or older; (d) any person with access to or contact with the child under an order of any court; (e) such other person as the court may direct. PART 2 GUARDIANSHIP Definitions 3 The following definitions apply in this Part. "agency" means an agency as defined in The Child and Family Services Act . (« office ») "child abuse registry check" means a record about a person from the child abuse registry obtained under The Child and Family Services Act . (« relevé des mauvais traitements ») "criminal record check" means a record obtained from a law enforcement agency about a person stating whether or not the person has any conviction or has any outstanding charge awaiting court disposition under any federal or provincial enactment. (« relevé des antécédents judiciaires ») "Indigenous" includes First Nation, Métis and Inuit. (« autochtone ») "Indigenous service provider" means an Indigenous service provider as defined in The Child and Family Services Act . (« fournisseur de services autochtone ») Notice of application re guardianship 4 A person applying for a guardianship order under section 48 of the Act or applying to remove a guardian appointed under section 48 of the Act must give notice to the following: (a) the parents of the child; (b) the guardian of the child; (c) the child if the child is 12 years of age or older; (d) if the child is in the care of an agency, that agency; (e) if the child is in the care of an Indigenous service provider, that Indigenous service provider; (f) the Director of Child and Family Services appointed under The Child and Family Services Act ; (g) if the child is Indigenous, the agency or Indigenous service provider serving the child's Indigenous group, community or people; (h) such other person as the court may direct. Child abuse and criminal record check requirement 5(1) A person applying for guardianship or to remove a guardian must provide the court with a child abuse registry check and a criminal record check for the applicant and any other adult who resides with the applicant. 5(2) All documents required under subsection (1) must be dated not earlier than 30 days before the date on which the application is filed and not later than 30 days after the date on which the application is filed. M.R. 75/2024 PART 3 RELOCATION & CHANGE OF RESIDENCE Notice of proposed relocation 6 For the purpose of subsection 50(4) of the Act, the form for a notice of proposed relocation is set out in Schedule A. Notice of objection to proposed relocation 7 For the purpose of subsection 51(3) of the Act, the form for a notice of objection is set out in Schedule B. Notice of change of residence 8 For the purpose of subsection 55(4) of the Act, the form for a notice of change in the place of residence is set out in Schedule C. Manner of service 9(1) A notice of proposed relocation, a notice of objection or a notice of change in place of residence must be served in accordance with this section. 9(2) A notice must be served on a person (a) by leaving a copy with the person; (b) by sending a copy by courier to the person; (c) if the notice and any accompanying documents, including any cover page or back sheet, do not exceed 20 pages, by faxing a copy to the person in accordance with subsection (3); (d) by e-mailing a copy to the person in accordance with subsection (4); or (e) by leaving a copy with the person's lawyer of record in any ongoing case affecting decision-making responsibility, parenting time or contact with respect to the child, or with a lawyer who accepts service in writing on a copy of the notice. 9(3) The first page of a notice that is served by fax must show (a) the sender's name, telephone number and fax number; (b) the name of the person being served; (c) the date and time of the fax; (d) the total number of pages faxed; and (e) the name and telephone number of a person to contact in case of transmission difficulties, if that person is different from the sender. 9(4) The e-mail message to which a notice is attached must show (a) the sender's name and telephone number; (b) the name of the person being served; (c) the title of the notice being served and a list of any accompanying documents; and (d) the date and time of the email. 9(5) Service by courier is effective on the second day after the day the courier was given the document, unless the second day is a holiday as defined in the Court of King's Bench Rules , Manitoba Regulation 553/88, in which case service is effective on the next day that is not a holiday. 9(6) A notice must not be served by a person who is under 18 years of age. 9(7) Despite subsection (2), the court may, on the application of the person who must serve the notice, order that the notice be served by substituted service using a method chosen by the court if the person (a) provides an affidavit showing (i) the steps that have been taken to locate the person to be served, and (ii) if that person has been located, the steps that have been taken to serve the notice on them; and (b) shows that the method of substituted service could reasonably be expected to bring the notice to the attention of the person to be served. 9(8) Despite subsection (2), the court may, on the application of the person who must serve the notice, make an order approving the service of the notice for the purposes of this section by a method that is not listed in subsection (2) or approved by an order under subsection (7), if the notice, (a) came to the attention of the person to be served; or (b) would have come to the attention of the person to be served if they had not been evading service. 9(9) For the purpose of this section, service of a notice may be proven by, (a) an acceptance or admission of service written by the person on whom the notice is served; or (b) an affidavit of the person serving the notice. PART 4 REPEAL AND COMING INTO FORCE Repeal 10 Non-Molestation Orders Regulation , Manitoba Regulation 226/92, is repealed. Coming into force 11 This regulation comes into force on the same day that The Family Law Act , S.M. 2022, c. 15, Schedule A, comes into force. SCHEDULE A Notice of Proposed Relocation Form SCHEDULE B Notice of Objection to Proposed Relocation Form SCHEDULE C Notice of Change of Residence Form