The Family Law Act

The Family Law Act, C.C.S.M. c. F20 (Assented to June 1, 2022) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Definitions DUTIES OF PARTIES 2 Dispute resolution by the parties 3 Best interests of child 4 Protection of children from conflict 5 Family dispute resolution process 6 Complete, accurate and up-to-date information 7 Duty to comply with orders 8 Certification DUTIES OF LEGAL ADVISERS 9 Duty to encourage resolution DUTIES OF COURT 10 Conduct of proceedings 11 Minimizing impact on a child 12 Identification of other orders PART 2 DETERMINING PARENTAGE DIVISION 1 — INTRODUCTORY PROVISIONS 13 Definitions 14 Date of conception 15 Providing reproductive material 16 Parentage to be determined by this Part 17 Parentage if adoption 18 Donor not automatically parent DIVISION 2 — HOW PARENTAGE IS DETERMINED 19 Parentage if sexual intercourse 20 Parentage if assisted reproduction 21 Declaratory order respecting parentage — general 22 Surrogacy agreement 23 Application for declaratory order — surrogate consents 24 Application for declaratory order — no consent DIVISION 3 — GENERAL PROVISIONS 25 Effect of new evidence on a declaratory order 26 Parentage test 27 No distinction between child born inside or outside marriage 28 Void and voidable marriages 29 Filing orders and acknowledgements with Vital Statistics DIVISION 4 — DECLARATORY ORDERS MADE OUTSIDE MANITOBA 30 Definitions 31 Recognition of Canadian orders 32 Recognition of non-Canadian orders 33 Recognition of extra-provincial findings 34 Filing orders with Vital Statistics PART 3 PARENTING ARRANGEMENTS, GUARDIANSHIP AND RELOCATION DIVISION 1 — INTRODUCTORY PROVISIONS 35 Best interests of the child DIVISION 2 — PARENTING ARRANGEMENTS 36 Joint rights of parents re children 37 Parenting order 38 Parenting time consistent with best interests of child 39 Variation of parenting order 40 Application for contact order 41 Contact order 42 Existing parenting order varied re contact 43 Variation of contact order 44 Agreement incorporated into parenting or contact order 45 Right to request information about child 46 No application for contact order if pending adoption 47 Order to locate and apprehend a child DIVISION 3 — GUARDIANSHIP 48 Guardianship order DIVISION 4 — RELOCATION 49 Definition — "relocation" 50 Notice of proposed relocation 51 Child may be relocated unless objection 52 Court order 53 Power of court if multiple proceedings 54 Variation of parenting or other order DIVISION 5 — NOTICE OF CHANGE OF RESIDENCE 55 Notice of change of residence PART 4 CHILD AND SPOUSAL SUPPORT DIVISION 1 — DEFINITIONS 56 Definitions DIVISION 2 — CHILD SUPPORT 57 Duty to support child 58 Duty to provide financial information 59 Child support order 60 Parentage may be determined 61 Order to vary, suspend or terminate order 62 Child support agreement DIVISION 3 — SPOUSAL SUPPORT 63 Definition — "spouse" 64 Division applies to former spouses 65 Duty of mutual support 66 Onus of self-support after separation 67 Duty to provide financial information 68 Effect of separation agreement on support order 69 Spousal support order 70 Factors in making an order 71 Priority to child support 72 Review of spousal support 73 Order to vary, suspend or terminate order DIVISION 4 — GENERAL SUPPORT MATTERS 74 Matters that may be provided for in support orders 75 Enforcement of support orders 76 Assignment of support orders 77 Compensation for late support payments 78 Order cancelling arrears 79 Regulations re child support PART 5 MISCELLANEOUS ORDERS RE SPOUSES AND PARTNERS 80 Order of exclusive occupation of family home 81 Order re conduct 82 Order to vary or terminate 83 Order of non-cohabitation 84 Finding re length of common-law relationship PART 6 GENERAL POWERS OF THE COURT 85 Jurisdiction of King's Bench and Provincial Court 86 Excluding the public or prohibiting publication 87 Spouse a compellable witness 88 Reconciliation efforts 89 Appeals 90 Interim order 91 Consent order 92 Incorporating terms of agreement in court order 93 Terms and conditions of orders 94 Order may require review 95 Order to provide address PART 7 MISCELLANEOUS PROVISIONS 96 Offence 97 Regulations 98 No limitation period 99 Rights are additional PART 8 TRANSITIONAL PROVISIONS 100-102 Transitional provisions PART 9 CONDITIONAL AND CONSEQUENTIAL AMENDMENTS 103 Conditional amendments 104-123 Consequential and related amendments PART 10 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 124 Repeal 125 C.C.S.M. reference 126 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS Definitions 1 The following definitions apply in this Act. "common-law partner" means either of two persons who are not married to each other and who (a) have cohabited in a conjugal relationship for a period of at least three years, or for a period of at least one year if they are together the parents of a child; or (b) together have registered a common-law relationship under The Vital Statistics Act . (« conjoint de fait ») "common-law relationship" means the relationship between two persons who are common-law partners of each other. (« union de fait ») "contact order" means an order made under section 41. (« ordonnance de contact ») "court" means the Court of King's Bench (Family Division) or, to the extent that it has jurisdiction under subsection 85(2), the Provincial Court (Family Division). (« tribunal ») "decision-making responsibility" means responsibility for making significant decisions about a child's well-being, including in relation to the child's (a) health; (b) education; (c) culture, language, religion and spirituality; and (d) significant extra-curricular activities. (« responsabilités décisionnelles ») "family dispute resolution process" means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation, collaborative law and family arbitration. (« mécanisme de règlement des différends familiaux ») "family justice services" means public or private services intended to help persons deal with issues arising from separation or divorce. (« services de justice familiale ») "family member" , except in section 40, includes a member of the household of (a) a child; (b) a parent of the child; (c) a spouse or former spouse; and (d) a person in or formerly in a marriage-like relationship; as well as a dating partner of a person listed in clauses (b), (c) and (d) who participates in the activities of the household. (« membre de la famille ») "family violence" means any conduct, whether or not the conduct constitutes a criminal offence, by a family member toward another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes (a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person; (b) sexual abuse; (c) threats to kill or cause bodily harm to any person; (d) harassment, including stalking; (e) the failure to provide the necessaries of life; (f) psychological abuse; (g) financial abuse; (h) threats to kill or harm an animal or damage property; and (i) the killing or harming of an animal or the damaging of property. (« violence familiale ») "government" includes an agency of the government. (« gouvernement ») "legal adviser" means a person authorized to practise law in Manitoba under The Legal Profession Act . (« praticien du droit ») "marriage-like relationship" means a relationship outside marriage in which two persons live together in a conjugal relationship, and includes a common-law relationship. (« cohabitation maritale ») "parent" means a parent under Part 2 or an adoptive parent. (« parent ») "parental responsibilities" means the responsibilities associated with the care of a child, including responsibilities associated with parenting time and decision-making responsibility, but not including the responsibility to pay child support. (« responsabilités parentales ») "parenting order" means an order made under section 37. (« ordonnance parentale ») "parenting time" means the time that a child spends in the care of a person referred to in subsection 37(1) (parenting order), whether or not the child is physically with that person during all of that period. (« temps parental ») "prescribed" means prescribed by regulation. (Version anglaise seulement) "regulation" means a regulation made under this Act. (« règlement ») "spouse" means a person who is married to another person. (« conjoint ») "stalking" means stalking within the meaning of The Domestic Violence and Stalking Act . (« harcèlement criminel ») DUTIES OF PARTIES TO A PROCEEDING Dispute resolution by the parties 2 The parties to a proceeding under this Act must act in a way that strives (a) to minimize conflict; (b) to promote cooperation; and (c) to meet the best interests of any child involved in the dispute. Best interests of child 3 A person who has parental responsibilities respecting a child or who has contact with that child under a contact order must exercise their parental responsibilities or contact in a manner that is consistent with the best interests of the child. Protection of children from conflict 4 A party to a proceeding under this Act must, to the best of their ability, protect any child from conflict arising from the proceeding. Family dispute resolution process 5 To the extent that it is appropriate to do so, the parties to a proceeding under this Act must try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. Complete, accurate and up-to-date information 6 A party to a proceeding under this Act or a person who is subject to an order made under this Act must provide complete, accurate and up-to-date information if required to do so under this Act or any other applicable law. Duty to comply with orders 7 A person who is subject to an order made under this Act must comply with the order until it is no longer in effect. Certification 8 Every document that formally commences a proceeding under this Act, or that responds to such a document, which a party to a proceeding files with a court, must contain a statement by the party certifying that they are aware of their duties under sections 2 to 7. DUTIES OF LEGAL ADVISERS Duty to encourage resolution 9(1) It is the duty of every legal adviser who undertakes to act on a person's behalf in any proceeding under this Act (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are such that it would clearly not be appropriate to do so; (b) to inform the person of the family justice services known to the legal adviser that might assist the person (i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made under this Act; and (c) to inform the person of the parties' duties under this Act. Certification 9(2) Every document that formally commences a proceeding under this Act, or that responds to such a document, which a legal advisor files with a court, must contain a statement by the legal adviser certifying that they have complied with this section. DUTIES OF COURT Conduct of proceedings 10 A court must ensure that a proceeding under this Act is conducted (a) with as little delay and formality as possible; and (b) in a manner that strives to (i) minimize conflict between the parties and, if appropriate, promote co-operation, and (ii) protect children and parties from family violence. Minimizing impact on a child 11 If a child might be affected by a proceeding under this Act, a court must (a) consider the impact of the proceeding on the child and the best interests of the child; and (b) encourage the parties to focus on the best interests of the child, including minimizing the effect on the child of conflict between the parties. Identification of other orders 12(1) The purpose of this section is to facilitate (a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with an order under this Act; and (b) the coordination of proceedings. Information regarding other orders or proceedings 12(2) In a proceeding under this Act and in relation to any party to that proceeding, the court has a duty to consider if any of the following are pending or in effect, unless the circumstances of the case are such that it would clearly not be appropriate to do so: (a) a civil protection order or a proceeding in relation to such an order; (b) a child protection order, proceeding, agreement or measure; (c) an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature. In order to carry out the duty, the court may make inquiries of the parties or review information that is readily available and that has been obtained through a search carried out in accordance with applicable law. Definition — "civil protection order" 12(3) In this section, "civil protection order" means a civil order that is made to protect a person's safety, including an order that prohibits a person from (a) being in physical proximity to a specified person or following a specified person from place to place; (b) contacting or communicating with a specified person, either directly or indirectly; (c) attending at or being within a certain distance of a specified place or location; (d) engaging in harassing or threatening conduct directed at a specified person; (e) occupying a family home or a residence; or (f) engaging in family violence. PART 2 DETERMINING PARENTAGE DIVISION 1 INTRODUCTORY PROVISIONS Definitions 13 The following definitions apply in this Part. "assisted reproduction" means a method of conceiving a child other than by sexual intercourse, such as by artificial insemination or in vitro fertilization. (« procréation assistée ») "birth parent" means a person who gives birth to a child, regardless of whether the person's own reproductive material was used in the child's conception. (« parent naturel ») "child" includes a child over the age of 18. (« enfant ») "donor" means a person who provides reproductive material or an embryo for use in assisted reproduction, other than for the donor's own reproductive use. (« donneur ») "embryo" means a human organism during the first 56 days of its development following fertilization or creation, excluding any time during which its development has been suspended, and includes any cell derived from such an organism that is used for the purpose of creating a human being. (« embryon ») "intended parent or parents" means a person who intends, or two persons who are married or in a marriage-like relationship who intend, to be the parent or parents of a child and who, for that purpose, enter into a surrogacy agreement. (« parent d'intention ») "reproductive material" means a human sperm or ovum or other human cell or a human gene, and includes a part of any of them. (« matériel reproductif ») "surrogacy agreement" means a written agreement between a surrogate and the intended parent or parents of a child to be carried by the surrogate, in which (a) the surrogate agrees to not be a parent of the child; and (b) the intended parent or parents agree to be the child's parent or parents. (« accord de gestation pour autrui ») "surrogate" means a birth parent who is a party to a surrogacy agreement. (« gestatrice pour autrui ») Date of conception 14 A child born as a result of assisted reproduction is deemed to have been conceived on the day the reproductive material or embryo was implanted in the birth parent. Providing reproductive material 15 A reference in this Part to a person providing reproductive material or an embryo is a reference to the provision of (a) the person's own reproductive material; or (b) an embryo created with the person's own reproductive material. Parentage to be determined by this Part 16(1) For all purposes of the law of Manitoba, the following rules apply: 1. A person is the child of the person's parents. 2. A child's parent is a person determined to be the child's parent under this Part or The Adoption Act . 3. The relationship of parent and child and kindred relationships flowing from that relationship must be determined under this Part. 4. A child has no more than two parents. References in enactments and instruments 16(2) If an enactment or an instrument refers to a person by describing the person's relationship to another by birth, blood or marriage, the reference must be read to include a person who comes within that relationship because of a parent-child relationship as determined under this Part. Exception 16(3) Despite subsections (1) and (2), this Part must not be interpreted as affecting an instrument, or a disposition of property, made before this Part comes into force. Parentage if adoption 17 If a child is adopted, the child's parents are as set out in The Adoption Act and this Part does not apply. Donor not automatically parent 18 When a child is born as a result of assisted reproduction, a donor who provided reproductive material or an embryo (a) is not, by reason only of the donation, the child's parent; (b) must not be declared by a court, by reason only of the donation, to be the child's parent; and (c) is the child's parent only if determined, under this Part, to be the child's parent. DIVISION 2 HOW PARENTAGE IS DETERMINED PARENTAGE IF SEXUAL INTERCOURSE Parentage if sexual intercourse 19(1) On the birth of a child conceived by sexual intercourse, the child's parents are the birth parent and the person whose sperm resulted in the conception of the child. Presumption of parentage 19(2) Unless the contrary is proved, a person is presumed to be a child's parent in any of the following circumstances: 1. The person was married to or was in a marriage-like relationship with the child's birth parent at the time of the child's birth. 2. The person was married to the child's birth parent and, in the 300-day period before the child's birth, the marriage was ended (a) by the person's death; (b) by a judgment of divorce; or (c) as referred to in section 28 (void or voidable marriages). 3. The person was in a marriage-like relationship with the child's birth parent and, in the 300-day period before the child's birth, the relationship ended for any reason. 4. The person married the child's birth parent after the child's birth and acknowledged that the person is a parent of the child. 5. The person and the child's birth parent have acknowledged in writing that the person is the child's parent. 6. The person has been found or recognized by a court, whether in Manitoba or elsewhere, to be the child's parent in a proceeding other than under this Part. No presumption in certain cases 19(3) If more than one person may be presumed to be a child's parent under subsection (2), no presumption may be made under that subsection. PARENTAGE IF ASSISTED REPRODUCTION Parentage if assisted reproduction 20(1) The birth parent of a child conceived through assisted reproduction is a parent of the child. Other parent 20(2) If the birth parent of a child conceived through assisted reproduction was married to or in a marriage-like relationship with another person when the child was conceived, the spouse or other person is also the child's parent. Exception 20(3) Subsection (2) does not apply if there is proof that, before the child was conceived, the spouse or other person (a) did not consent to be the child's parent; or (b) withdrew consent to be the child's parent. Exception re surrogacy 20(4) This section does not apply when the birth parent is a surrogate and the court has made a declaratory order under section 23 or 24. DECLARATORY ORDER RE PARENTAGE — GENERAL Declaratory order respecting parentage — general 21(1) Subject to sections 23 and 24, any person who has an interest may apply to the court for a declaratory order that a person is or is not a parent of a child, whether born or unborn. Notice 21(2) Notice of an application must be given to the Director of Child and Family Services under The Child and Family Services Act for the purpose of ensuring that the child has not been placed for adoption. No hearing if child placed for adoption 21(3) The court must not hear an application under this section if, in response to a notice under subsection (2), the Director certifies to the court that (a) the child has been placed for adoption; and (b) more than 21 days have elapsed since a parent of the child consented to the child's adoption under The Adoption Act or signed a voluntary surrender of guardianship under The Child and Family Services Act . Order 21(4) If the court finds that a person is or is not a parent of a child, the court may make a declaratory order to that effect. Order if child or other person deceased 21(5) The court may make a declaratory order under this section despite the death of the child or the person who is the subject of the application, or both. Factors 21(6) When an application concerns a child conceived by sexual intercourse or through assisted reproduction without a surrogate, the court (a) must give effect to any applicable presumption or rule set out in section 19 or 20; (b) may consider evidence of the biological parentage of a child conceived by sexual intercourse; and (c) may consider evidence as to whether there was consent to parentage under subsection 20(3) if the child was born as a result of assisted reproduction. DECLARATORY ORDER — SURROGACY AGREEMENT Entering into a surrogacy agreement 22(1) The intended parent or parents of a child and a surrogate may enter into a surrogacy agreement. Agreement before conception 22(2) A surrogacy agreement must be entered into before a child is conceived. Assisted reproduction 22(3) A child in relation to whom a surrogacy agreement is entered into must be conceived through assisted reproduction. Content of agreement 22(4) A surrogacy agreement must include the following provisions: (a) that the potential surrogate will be the birth parent of a child conceived through assisted reproduction; (b) that on the child's birth, (i) the surrogate agrees not to be a parent of the child, and (ii) the intended parent or parents agree to be the child's parent or parents; (c) any provision required by the regulations. Legal advice 22(5) The surrogate and the intended parent or parents must each receive independent legal advice before entering into a surrogacy agreement, and a certificate to that effect must be attached to the agreement. Shared parental responsibility 22(6) Unless the surrogacy agreement provides otherwise, the surrogate and the intended parent or parents share the rights and responsibilities of a parent respecting the child from birth until the child is two days old. Regulations 22(7) For the purpose of clause (4)⁠(c), the Lieutenant Governor in Council may make regulations respecting any additional provisions to be included in surrogacy agreements. Application for declaratory order — surrogate consents 23(1) If, after a child is born, the surrogate consents to relinquish entitlement to parentage of the child to the intended parent or parents, the intended parent or parents may apply to the court for a declaratory order that they are the child's parent or parents and the surrogate is not a parent. Two-day waiting period 23(2) The surrogate's consent must be in writing and must not be given before the child is two days old. Conditions for making order 23(3) The court must make the declaratory order sought under this section if it is satisfied that (a) the surrogate and the intended parent or parents made a surrogacy agreement in compliance with the requirements of section 22; (b) before the child was conceived, no party to the surrogacy agreement withdrew from the agreement; and (c) after the child's birth, (i) the surrogate consented to relinquish entitlement to parentage of the child to the intended parent or parents in accordance with subsection (2), and (ii) the intended parent or parents took the child into their care. Application within 30 days 23(4) An application under this section must be made within 30 days after the child's birth, unless the court extends the time. Agreement not evidence of consent 23(5) A surrogacy agreement is not consent for the purposes of subsection (2) but may be used as evidence of the parties' intentions respecting the child's parentage. Application for declaratory order — no consent 24(1) If the surrogate does not give the consent referred to in subsection 23(2), any party to the surrogacy agreement may apply to the court for a declaratory order as to the parentage of the child. Reasons for failure to consent 24(2) An application may be made under this section if the surrogate refuses to give consent or if consent is not given because the surrogate (a) is deceased or otherwise incapable of providing consent; or (b) cannot be located after reasonable efforts have been made to do so. Conditions for making an order 24(3) Before making a declaratory order under this section, the court must be satisfied that (a) the surrogate and the intended parent or parents made a surrogacy agreement in compliance with the requirements of section 22; and (b) before the child was conceived, no party to the surrogacy agreement withdrew from the agreement. Declaratory order 24(4) On application under this section, the court may make the declaratory order that is sought or make any other declaratory order of parentage as the court sees fit. Child's best interests 24(5) The most important consideration for the court in making a declaratory order under this section is the best interests of the child. Effect of surrogacy agreement 24(6) A surrogacy agreement is unenforceable in law but, in an application under this section, it may be used as evidence of (a) an intended parent's or parents' intention to be a parent of the child contemplated by the agreement; and (b) a surrogate's intention to not be a parent of a child contemplated by the agreement. DIVISION 3 GENERAL PROVISIONS Effect of new evidence on a declaratory order 25(1) On application, the court may confirm or set aside a declaratory order that was made under this Part or make a new order, if evidence that was not available at the previous hearing becomes available. Rights and property interests not affected 25(2) Setting aside an order under subsection (1) does not affect rights and duties that have already been exercised or interests in property that have already been distributed. Definition — "parentage test" 26(1) In this section, "parentage test" means a test used to identify inheritable characteristics, including (a) a human leukocyte antigen test (HLA); (b) a test of the deoxyribonucleic acid (DNA); and (c) any other test the court considers appropriate. Parentage test 26(2) At the request of a party to an application under this Part, the court may make an order granting leave to have a tissue or blood sample, or both, taken from a named person for the purpose of conducting a parentage test and to submit the results in evidence. Consent required 26(3) No tissue or blood sample may be taken from a person without the person's consent. Capacity to consent 26(4) If a person named in an order made under subsection (2) is too young to consent, consent may be given by the person's parent or guardian. Inference from refusal 26(5) If a person refuses to give a tissue or blood sample for the purpose of conducting a parentage test or if a required consent is not given, the court may draw any inference it considers appropriate. Cost 26(6) An order made under subsection (2) may require a party to pay all or part of the cost of a parentage test. No distinction between child born inside or outside marriage 27 There is no distinction between the status of a child born inside marriage and a child born outside marriage. Void marriages 28(1) For the purposes of this Part, if two people have entered into a void marriage but one or both of them went through the form of marriage in good faith and they lived together afterwards, they are deemed to have been married during the period they lived together and their marriage is deemed to have ended when they stopped living together. Voidable marriages 28(2) For the purposes of this Part, if a voidable marriage is declared a nullity, the persons who went through the form of marriage are deemed to have been married until the date of the declaratory order of nullity. Orders to be filed with Vital Statistics 29(1) The registrar or clerk of the court must file in the office of the Director of Vital Statistics a statement respecting every declaratory order of parentage made under this Part. Acknowledgment of parentage may be filed 29(2) A written acknowledgment of parentage referred to in item 5 of subsection 19(2) may be filed in the office of the Director. DIVISION 4 DECLARATORY ORDERS MADE OUTSIDE MANITOBA Definitions 30 The following definitions apply in this Division. "extra-provincial declaratory order" means an order of an extra-provincial tribunal that declares whether a person is a child's parent. (« ordonnance déclaratoire extraprovinciale ») "extra-provincial finding" means a finding as to whether a person is a child's parent that is made incidentally in the determination of another issue by an extra-provincial tribunal, and that is not an extra-provincial declaratory order. (« conclusion extraprovinciale ») "extra-provincial tribunal" means a court or tribunal, outside Manitoba, that has authority to make (a) orders declaring whether a person is a child's parent; or (b) findings as to whether a person is a child's parent. (« tribunal extraprovincial ») COURT RECOGNITION OF EXTRA-PROVINCIAL ORDERS AND FINDINGS Recognition of Canadian extra-provincial declaratory order 31(1) Subject to subsection (2), a court must recognize an extra-provincial declaratory order made in Canada and, once recognized, the order has the same effect as if it were a declaratory order made under this Part. Declining to recognize an order 31(2) A court may decline to recognize an extra-provincial declaratory order made in Canada and make an order under this Part if (a) evidence becomes available that was not available during the proceeding at which the extra-provincial declaratory order was made; or (b) the court is satisfied that the extra-provincial declaratory order was obtained by fraud or under duress. Application for recognition of non-Canadian extra-provincial declaratory order 32(1) An application for recognition of an extra-provincial declaratory order made outside Canada must include the following: (a) a certified copy of the extra-provincial declaratory order; (b) the opinion of a lawyer authorized to practise in Manitoba stating that the extra-provincial declaratory order is entitled to recognition under Manitoba law; (c) a sworn statement by a lawyer or public official in the extra-provincial jurisdiction as to the effect of the extra-provincial declaratory order. Translation of documents 32(2) A certified copy under clause (1)⁠(a) or sworn statement under clause (1)⁠(c) that is not in English or French must be accompanied by a translation into English or French, authenticated as being accurate by a certificate of the translator. Recognition of order 32(3) Subject to subsection (4), a court must recognize an extra-provincial declaratory order made outside Canada if, at the time the extra-provincial declaratory order or the application for the order was made, the child, or at least one of the child's parents, (a) was habitually resident in the jurisdiction of the extra-provincial tribunal; or (b) had a real and substantial connection to the jurisdiction of the extra-provincial tribunal. Once recognized, the extra-provincial declaratory order has the same effect as if it were a declaratory order made under this Part. Declining to recognize an order 32(4) A court may decline to recognize an extra-provincial declaratory order made outside Canada and make an order under this Part if (a) evidence becomes available that was not available during the proceeding at which the extra-provincial declaratory order was made; (b) the court is satisfied that the extra-provincial declaratory order was obtained by fraud or under duress; or (c) the extra-provincial declaratory order is contrary to public policy. Recognition of extra-provincial findings 33 A court must recognize an extra-provincial finding made (a) in Canada; or (b) outside Canada if the finding was made by an extra-provincial tribunal with jurisdiction, as determined by the conflict of laws rules of Manitoba, to determine the matter in which the finding was made. Once recognized, the extra-provincial finding has the same effect as if it were a finding of parentage made in Manitoba under the same circumstances. FILING ORDERS WITH VITAL STATISTICS Filing an extra-provincial Canadian order — when court recognition not required 34(1) Unless the Director of Vital Statistics determines that the circumstances require a court order under section 31, a certified copy of an extra-provincial declaratory order made in Canada that relates to a child born in Manitoba may be filed in the office of the Director. Once filed, the order may be given the same effect as if it were a declaratory order made under this Part. Filing an extra-provincial order recognized by the Manitoba court 34(2) If an extra-provincial declaratory order recognized under section 31 or 32 relates to a child born in Manitoba, the registrar or clerk of the court must file a certified copy of the declaratory order and the Manitoba order recognizing it in the office of the Director of Vital Statistics. If order made outside Canada 34(3) In the case of an extra-provincial declaratory order made outside Canada, the copies filed under subsection (2) must be accompanied by a certified copy of the statement referred to in clause 32(1)⁠(c) and any translation referred to in subsection 32(2). PART 3 PARENTING ARRANGEMENTS, GUARDIANSHIP AND RELOCATION DIVISION 1 INTRODUCTORY PROVISIONS Best interests of the child 35(1) The court must only consider the best interests of the child in making a parenting order, a contact order or a guardianship order. Primary consideration 35(2) When considering the factors referred to in subsection (3), the court must give primary consideration to the child's physical, emotional and psychological safety, security and well-being. Factors to be considered 35(3) In determining the best interests of a child, the court must consider all of the factors related to the child's circumstances, including the following: (a) the child's needs, given the child's age and stage of development, such as the child's need for stability; (b) the nature and strength of the child's relationship with each person who has or is seeking parental responsibilities or contact with the child or who is a guardian or seeks guardianship of the child, as well as with siblings, grandparents and any other person who plays an important role in the child's life; (c) the willingness of each person seeking parental responsibilities, guardianship or contact with the child to support the development and maintenance of the child's relationship with other persons to whom the order would apply; (d) the history of care of the child; (e) the child's views and preferences, giving due weight to the child's age and maturity, unless they cannot be ascertained; (f) the child's cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage; (g) any plan for the child's care; (h) the ability and willingness of each person in respect of whom the order is to apply to care for and meet the needs of the child; (i) the ability and willingness of each person in respect of whom the order is to apply to communicate and cooperate, in particular with one another, on matters affecting the child; (j) any family violence and its impact on, among other things, (i) the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and (ii) the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on matters affecting the child; (k) any civil or criminal proceeding, order, condition or measure that is relevant to the safety, security and well-being of the child. Factors relating to family violence 35(4) In considering the impact of any family violence under clause (3)⁠(j), the court must take the following into account: (a) the nature, seriousness and frequency of the family violence and when it occurred; (b) whether there is a pattern of coercive and controlling behaviour in relation to a family member; (c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence; (d) the physical, emotional and psychological harm or risk of harm to the child; (e) any compromise to the safety of the child or other family member; (f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person; (g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; (h) any other relevant factor. Past conduct 35(5) In determining what is in a child's best interests, the court must not consider the past conduct of any person unless the conduct is relevant to their exercise of parental responsibilities, their responsibilities under a guardianship order or their contact with the child. Interim and variation orders 35(6) This section also applies when the court is making an interim or variation order. DIVISION 2 PARENTING ARRANGEMENTS JOINT RIGHTS OF PARENTS Joint rights of parents respecting children 36 Subject to a parenting order under section 37, parents have joint rights to exercise parental responsibilities with respect to their children, unless the parents have never cohabited after a child is born, in which case the parent with whom the child resides is the only parent with decision-making responsibility and parenting time respecting the child. PARENTING ORDER Parenting order 37(1) The court may make an order respecting parental responsibilities for a child on application by (a) either or both parents; or (b) a person other than a parent who stands in the place of a parent or intends to stand in the place of a parent, if there is leave of the court and notice of the application is given to the parents. Content of parenting order 37(2) A parenting order may (a) allocate parenting time; (b) allocate decision-making responsibility, or any of its elements, to either parent, to both parents, to a person described in clause (1)⁠(b), or to any combination of them; (c) include requirements about the oral or written communication or communication by other means that may occur — during parenting time allocated to a person — between a child and another person to whom parental responsibilities are allocated; (d) provide that a child must not be removed from a specified geographic area without the written consent of a specified person or without a court order authorizing the removal; and (e) provide for any other matter the court considers appropriate. Duration of order 37(3) The court may make a parenting order for a definite or indefinite period or until a specified event occurs and may impose any terms, conditions and restrictions that it considers appropriate. Relocation 37(4) The order may authorize or prohibit the relocation of the child. Parenting time consistent with best interests of child 38(1) In allocating parenting time under a parenting order, the court must give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. Schedule for parenting time 38(2) Parenting time may be allocated by way of a schedule, unless a schedule is unnecessary in the circumstances. Day-to-day decisions 38(3) A person to whom parenting time is allocated has exclusive authority to make all day-to-day decisions affecting the child during the allocated time, unless the court orders otherwise. Supervision 38(4) A parenting order may require that parenting time with a child or the transfer of the child from one person to another be supervised. Variation of parenting order 39(1) The court may vary, suspend or terminate a parenting order on application by (a) a parent; (b) a person standing in the place of a parent who has parental responsibilities under an order; or (c) a person standing in the place of a parent who does not have parental responsibilities under an order, if there is leave of the court. Factors 39(2) Before making a variation order, the court must be satisfied that the child's circumstances have changed since the original order was made or last varied. Terminal illness or critical condition 39(3) For certainty, a terminal illness or critical condition of a person listed in subsection (1) is a change in the child's circumstances. CONTACT ORDER Definition — "family member" 40(1) In this section, "family member" of a child means a step-parent, sibling, grandparent, aunt, uncle, cousin, and a spouse or common-law partner of any of them. Purpose of contact order 40(2) The purpose of this section and section 41 is (a) to facilitate relationships between children and their grandparents and other family members, when those relationships are in the child's best interests; and (b) to recognize that in exceptional circumstances children can benefit from contact with non-family members under a contact order, when such contact is in the child's best interests. Application for contact — family member 40(3) A family member may apply to the court for a contact order. Application for contact — non-family member 40(4) A person who is not a family member may apply to the court for a contact order if there is leave of the court. Notice 40(5) An applicant for a contact order must give notice of the application in accordance with the regulations. Exceptional circumstances required re non-family member 40(6) Before making a contact order respecting a non-family member, the court must be satisfied that exceptional circumstances warrant doing so. Considerations 40(7) In determining whether to make a contact order, the court must consider all relevant factors, including whether contact between the applicant and the child could otherwise occur, for example during the parenting time of another person. Contact order 41(1) On an application under section 40, the court may make an order respecting contact between the applicant and the child in the manner, at the times and subject to any conditions that the court considers to be in the child's best interests as required by section 35. Content of contact order 41(2) A contact order may include, but is not limited to, any or all of the following provisions: (a) that the child spend specified periods of time with the person granted contact; (b) that the person granted contact be permitted to attend specified activities of the child; (c) that the child be permitted to receive gifts from or send gifts to the person granted contact, directly or indirectly; (d) that the child and the person granted contact be permitted to communicate with each other, directly or indirectly, whether orally, in writing or by other means; (e) that a person named in the order give the person granted contact pictures of the child and information about the child's health, education and well-being; (f) that the child not be removed from a specified geographic area without the written consent of a specified person or without a court order authorizing the removal. Duration of order 41(3) The court may make a contact order for a definite or indefinite period or until a specified event occurs and may impose any terms, conditions and restrictions that it considers appropriate. Supervision 41(4) A contact order may require that contact with a child or the transfer of the child from one person to another be supervised. Existing parenting order varied 42 If a parenting order concerning a child is in place when a contact order is made, the court may make an order varying the parenting order to take into account the contact order. Variation of contact order 43 The court may, on application, vary, suspend or terminate a contact order if the court is satisfied that the child's circumstances have changed since the original order was made or last varied, and sections 41 and 42 apply in relation to that application. AGREEMENT INCORPORATED INTO PARENTING OR CONTACT ORDER Parenting plan agreement 44(1) The court must incorporate into a parenting order or a contact order any written parenting plan agreement between the parties respecting parenting arrangements unless the court considers it is not in the child's best interests to do so, in which case the court may, in the order, make any modifications to the agreement that it considers appropriate. Definition — "parenting plan agreement" 44(2) In subsection (1), "parenting plan agreement" means a document or part of a document that contains the elements relating to parenting time, decision-making responsibility or contact to which the parties agree. RIGHT TO INFORMATION ABOUT CHILD Right to request information about child 45(1) Unless the court orders otherwise, a parent and any person with parental responsibilities under a parenting order is entitled to request information about the child's health, education and well-being from (a) another person with parental responsibilities; or (b) any other person or entity who is likely to have the information. Information to be given 45(2) Any person making a request is entitled to be given the information by the persons or entities who have it, subject to any applicable law. Information only 45(3) The right to be given information about a child under this section does not confer any decision-making responsibility concerning the child on a person who does not already have that responsibility or the right to be consulted about a decision respecting the child. NO APPLICATION FOR CONTACT ORDER IF PENDING ADOPTION No application for contact order if pending adoption 46 When a child has been placed for adoption, no application may be made for a contact order in relation to the child until an order of adoption is made or the placement is otherwise terminated. ORDER TO LOCATE AND APPREHEND CHILD Order to locate and apprehend a child 47(1) On application for a parenting order or a contact order under this Part or a comparable order under the Divorce Act (Canada), the court may make one or both of the following orders:

(a) authorizing the applicant or someone on their behalf to locate and apprehend the child, in which case section 9 of The Child Custody Enforcement Act applies, with necessary changes; (b) requiring a person, the government or other entity to give the court the address of the respondent or another person if it is contained in the records in the possession or control of the person, the government or other entity, in which case section 13 of The Child Custody Enforcement Act applies, with necessary changes. Notice 47(2) An application under clause (1)⁠(b) must be served on the person, the government or other entity from whom the address is sought. DIVISION 3 GUARDIANSHIP Guardianship order 48(1) On application by a person who is neither a parent nor a person who stands in the place of a parent, the court may appoint the applicant as guardian of the person of a child. Notice 48(2) A guardianship order must not be made unless the person applying for the order has given notice of the time, date and place of the hearing of the application in accordance with the regulations. No application for order if pending adoption 48(3) If a child has been placed for adoption, no application may be made for a guardianship order until an order of adoption is made or the placement is otherwise terminated. Effect of order 48(4) When a guardianship order is made, the applicant is for all purposes the guardian of the person of the child and has parental responsibilities respecting the child and is responsible for the child's support and well-being. Order to remove guardian 48(5) On application by a parent, guardian or person standing in the place of a parent, the court may remove a guardian appointed under this section, with or without appointing another guardian. DIVISION 4 RELOCATION Definition — "relocation" 49 In this Division, "relocation" means a change in the place of residence of (a) a child; (b) a parent; (c) a guardian; or (d) a person standing in the place of a parent who has parental responsibilities under a parenting order; that is likely to have a significant impact on the child's relationship with a parent, a guardian, a person standing in the place of a parent who has parental responsibilities under a parenting order or a person who has contact with the child under a contact order. NOTICE OF PROPOSED RELOCATION Notice of proposed relocation 50(1) When a parent with parental responsibilities, a guardian or a person standing in the place of a parent who has parental responsibilities under a parenting order plans to relocate — whether with or without the child — they must give notice of the proposed relocation in accordance with this section. Information Note A parent may have parental responsibilities (1) under a court order; or (2) by operation of law, for example under section 36 of this Act (joint rights of parents respecting children). How notice is to be given 50(2) At least 60 days before the expected date of the relocation, the notice must be given to any person who (a) is a parent who has parental responsibilities; (b) is a guardian; (c) stands in the place of a parent and has parental responsibilities under a parenting order; (d) has contact with the child under a contact order; or (e) has applied for a parenting order, a guardianship order or a contact order where the application is pending. When 60-day notice period does not apply 50(3) The 60-day notice period does not apply if a court order specifies another period. Content of notice 50(4) The notice must be in the prescribed form and set out (a) the date of the proposed relocation; (b) the address of the proposed new residence; (c) the contact information of the person or the child, whichever applies; (d) a proposal for new parenting and contact arrangements; and (e) any other prescribed information. Exemption from notice requirement 50(5) On application, the court may order that the requirement to give notice under this section does not apply, or may modify the requirement, if the court considers it appropriate to do so, including where there is a risk of family violence. Application for exemption 50(6) An application for an exemption from the notice requirement may be made without notice to any other party. RELOCATION UNLESS OBJECTION Child may be relocated unless objection 51(1) A person who has given notice under section 50 and who intends to relocate a child may do so as of the date referred to in the notice unless a person entitled to object under subsection (2), within 30 days after receiving the notice, (a) gives a written notice of objection to the person wishing to relocate the child; or (b) applies to the court under clause 52(1)⁠(b) for an order prohibiting the child's relocation. Persons entitled to object 51(2) A parent who has parental responsibilities, a guardian and a person standing in the place of a parent who has parental responsibilities under a parenting order may object to the child's relocation. Content of notice of objection 51(3) A notice of objection must be in the prescribed form and set out (a) a statement that the person objects to the proposed relocation; (b) the reasons for the objection; (c) the person's views on the proposal set out in the notice of relocation respecting the exercise of parenting time, decision-making responsibility or contact, whichever applies; and (d) any other prescribed information. Exception 51(4) Relocation is not permitted under subsection (1) if there is an existing court order prohibiting it. COURT ORDER RE RELOCATION Application to permit or prohibit relocation 52(1) A court may make an order authorizing or prohibiting a child's relocation on application by (a) the person who intends to relocate the child; or (b) a person who is entitled to object to the relocation under subsection 51(2). Best interests of child — additional factors 52(2) In deciding whether to authorize or prohibit a child's relocation, the court must, in order to determine what is in the child's best interests, consider the following factors in addition to those set out in section 35: (a) the reasons for the relocation; (b) the impact of the relocation on the child; (c) the amount of time spent with the child by each person who has parental responsibilities or has an application pending for a parenting order, and the level of involvement of each of them in the child's life; (d) whether the person who intends to relocate the child complied with any applicable notice requirement under section 50, an order or an agreement; (e) the existence of an order, family arbitration award or agreement that specifies the geographic area in which the child is to reside or that imposes restrictions on relocation; (f) the reasonableness of the arrangements proposed by the person who intends to relocate the child for other persons who have parental responsibilities or are entitled to have contact with the child, taking into consideration, among other things, the location of the new place of residence and travel expenses; (g) whether any arrangements for having parental responsibilities or contact after relocation are realistic, affordable and not too burdensome, given the court's power to attach terms and conditions to an order, including the sharing of travel and other related expenses between the parties. When person relocating must demonstrate best interests 52(3) If, when an application is made, the person who intends to relocate the child and another person with parental responsibilities have substantially equal parenting time with the child under an order or agreement (with which the parties are in substantial compliance), the court must not authorize the relocation unless the person intending to relocate the child can demonstrate that the relocation is in the child's best interests. When person objecting must demonstrate best interests 52(4) If, when an application is made, the person who intends to relocate the child spends the vast majority of time with the child under an order or agreement (with which the parties are in substantial compliance), the court must authorize the relocation unless the person opposing relocation demonstrates that it is not in the child's best interests. If interim order 52(5) When the parties are complying with an order that is an interim order, the court must determine whether it is appropriate for the principles in subsections (3) and (4) to apply. If neither subsection (3) nor (4) applies 52(6) If neither subsection (3) nor (4) applies, the court's determination is to be made on the basis of the child's best interests, with each party having to prove what is in the child's best interests. Costs 52(7) If the court authorizes a child's relocation, it may provide for apportioning the costs related to the exercise of parental responsibilities by a person who is not relocating, as between that person and the person relocating the child. Factor not to be considered 52(8) In deciding whether to authorize a child's relocation, the court must not consider, if the child's relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate. MULTIPLE PROCEEDINGS Power of court if multiple proceedings 53 If an application for a parenting order is pending when a relocation application is made, the court may (a) join the proceedings or hear them together; (b) postpone the hearing of one proceeding until the other has been determined; or (c) make any other order the court considers necessary for an orderly determination of the issues or proceedings. VARIATION OF PARENTING ORDER Power of court to vary a parenting or other order 54 A court that makes an order respecting relocation under section 52 may (without a further application) vary any existing parenting order, guardianship order or contact order if it is satisfied that the child's needs or circumstances have changed as a result of the order under section 52. DIVISION 5 NOTICE OF CHANGE OF RESIDENCE Notice of change of residence 55(1) Unless a court order provides otherwise, the following persons must give written notice under this section if they plan to change their place of residence or that of a child: (a) a parent who has parental responsibilities; (b) a guardian; (c) a person standing in place of a parent who has parental responsibilities under a parenting order; (d) a person who has contact with a child under a contact order. To whom notice must be given 55(2) The notice must be given to any person who (a) is a parent who has parental responsibilities; (b) is a guardian; (c) stands in the place of a parent and has parental responsibilities under a parenting order; or (d) has contact with the child under a contact order. Content of notice 55(3) The notice must set out the date of the change and all available address and contact information concerning the new residence. Notice — significant impact 55(4) If the change is likely to have a significant impact on the child's relationship with the person giving notice under subsection (1), the notice must be given at least 60 days before the change in place of residence, in the prescribed form, and must set out, in addition to the information required in subsection (3), a proposal as to how contact could be exercised in light of the change, and any other prescribed information. Exemption from notice requirement 55(5) On application, the court may order that the requirement to give notice under this section does not apply or may modify the requirement, if the court considers it appropriate to do so, including where there is a risk of family violence. Application for exemption 55(6) An application for an exemption may be made without notice to any other party. When notice not required 55(7) A person required to give notice of relocation under section 50 need not give an additional notice under this section. PART 4 CHILD AND SPOUSAL SUPPORT DIVISION 1 DEFINITIONS Definitions 56 The following definitions apply in this Part. "child" means a person (a) who is under the age of 18 years and has not withdrawn from the charge of the child's parents; or (b) who is 18 years of age or over and is unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of the child's parents. (« enfant ») "child support guidelines" means the Child Support Guidelines Regulation made under section 79. (« lignes directrices sur les pensions alimentaires pour enfants ») "child support order" means an order made under section 59. (« ordonnance alimentaire au profit d'un enfant ») "child support service" has the same meaning as in The Child Support Service Act . (« service des aliments pour enfants ») "spousal support order" means an order made under section 69. (« ordonnance alimentaire au profit du conjoint ») "support order" means a child support order or a spousal support order. (« ordonnance alimentaire ») DIVISION 2 CHILD SUPPORT DUTY TO SUPPORT Duty of parents to provide support for child 57(1) Each parent of a child has a duty to provide reasonably for the child's support, whether or not the parent has parenting time or decision-making responsibility with respect to the child. Secondary duty to provide support 57(2) If the parents of a child fail to provide reasonably for the child's support, the following persons have a secondary duty to provide reasonably for the child's support: 1. A spouse has a duty respecting a child of the other spouse, while the child is in their care. 2. A person who is in a marriage-like relationship with another person has a duty respecting a child of the other person, while the child is in their care. 3. A person who stands in the place of a parent to a child has a duty respecting that child. Parent's duty continues 57(3) The duty of a parent or person standing in the place of a parent to provide support for a child continues even if a guardian has been appointed for the child. DUTY TO PROVIDE FINANCIAL INFORMATION Financial information 58(1) A parent, or another person found by the court to have a duty to provide for a child's support, whose income information is necessary to determine an amount of child support must — at the request of another parent or other person entitled to apply for support — provide them with financial information in accordance with the child support guidelines. Order 58(2) If a parent or other person fails to comply with a request for information under subsection (1), the court may do one or more of the following: 1. Order the person to comply with the request. 2. Order the person's employer, partner or principal, or any other person, to provide the information to the party requesting it, if the information is within their knowledge or is shown on a record in their possession or under their control. 3. Order the non-complying person to pay to the other parent or person an amount up to $5,000, in addition to or instead of any other penalty to which the person is liable under this Act. Order re confidentiality 58(3) On application by a party, the court may order that any information provided under this section — and any examination or cross-examination on the information — be kept confidential and not form part of the public record. CHILD SUPPORT ORDER Child support order 59(1) The court may make an order requiring a parent or a person with a duty under section 57 to provide support for a child, on application by (a) a parent or guardian of the child; (b) another person on the child's behalf; or (c) the child. Order against more than one person 59(2) The court may make a child support order against more than one person. Child support guidelines apply 59(3) A court making a child support order must do so in accordance with the child support guidelines, except as set out in subsections (4) to (7). Agreement or other order to be taken into account 59(4) The court may order an amount different from that required by the child support guidelines if it is satisfied (a) that special provision has been made for the child's benefit, directly or indirectly, including (i) in an order, a judgment or a written agreement respecting the financial obligations of the persons with a duty under section 57, or (ii) by a division or transfer of their property; and (b) that applying the child support guidelines would result in an amount of child support that is inequitable given the special provision that has been made. Reasons 59(5) The court must record its reasons for making a decision under subsection (4). Consent order 59(6) With the parties' consent, the court may order an amount different from that required by the child support guidelines if it is satisfied that reasonable arrangements have been made for the child's support. Reasonable arrangements 59(7) In determining whether reasonable arrangements have been made under subsection (6), the court must consider the child support guidelines, but it must not decide that arrangements are unreasonable solely because the amount required by the child support guidelines differs from those arrangements. Parentage determined in a child support proceeding 60(1) In a proceeding for a child support order, the court may, regardless of whether an application is made under Part 2 (Determining Parentage), do one or more of the following: (a) make a finding that a person is a parent of the child; (b) make a declaratory order respecting the child's parentage under Part 2; (c) make an order for parentage tests under section 26. Effect of finding of parentage 60(2) A finding of parentage under clause (1)⁠(a) has effect only for the purpose of a child support proceeding under this Part. Payment for tests 60(3) A party who requests parentage tests under this section must pay the cost of the tests unless the court orders otherwise. ORDER TO VARY, SUSPEND OR TERMINATE A CHILD SUPPORT ORDER Application to vary, suspend or terminate order 61(1) On application, a court may vary, suspend or terminate a child support order or a part of it, and it may do so prospectively or retroactively. Factors in making an order 61(2) Before making an order under subsection (1), the court must be satisfied that a change of circumstances as provided for in the child support guidelines has occurred since the original order was made or last varied. Child support guidelines apply 61(3) A court making a variation order must do so in accordance with the child support guidelines, and the order may include any provision that under this Part could have been included in the original order. Application of other provisions 61(4) Subsections 59(4) to (7) apply, with necessary changes, when an application is made to vary, suspend or terminate a child support order. If order combines support for children and spouse 61(5) When an application is made to vary a child support order that (a) was made before the child support guidelines came into force; and (b) provides a single amount for the combined support of one or more children and a spouse or common-law partner; the court must terminate the order and treat the application as an application for a child support order and an application for a spousal support order. CHILD SUPPORT AGREEMENT Child support agreement 62(1) A child's parent or person with a duty to support a child may enter into a written agreement with (a) another parent; (b) a person standing in the place of a parent; or (c) a guardian; whereby the parent or person with a duty to support agrees to pay support for the child. Order may still be applied for 62(2) An agreement does not prevent a person from applying for a child support order. Order terminates previous agreement 62(3) A child support order terminates any previous agreement respecting child support. DIVISION 3 SPOUSAL SUPPORT Definition — "spouse" 63 In this Division and Division 4, "spouse" includes a common-law partner. Division applies to former spouses 64 A former spouse may apply for a spousal support order under this Division and, in that case, this Division and Division 4 apply with necessary changes. DUTY TO SUPPORT Duty of mutual support 65(1) Spouses have the mutual duty to contribute reasonably to each other's support. Conduct 65(2) The duty of mutual support exists regardless of the conduct of either spouse, and the court must not consider the conduct of either spouse in determining whether to make an order for support under this Division. Personal expenses 65(3) A spouse's right to support under this section includes the right, while living with the other spouse, to (a) periodic reasonable amounts for clothing and other personal expenses; and (b) sole discretion in the use of those amounts free of any interference from the other spouse. Onus of self-support after separation 66 After separation, a spouse has the duty to take all reasonable steps to become financially independent of the other spouse, despite the duty of mutual support under subsection 65(1). DUTY TO PROVIDE FINANCIAL INFORMATION Financial information 67(1) Spouses have the mutual duty to provide each other, on request, with information and accountings respecting the financial affairs of the marriage or common-law relationship and the household relating to it, including, but not limited to, (a) copies of each other's income tax returns, together with assessment notices; (b) itemized statements of each other's gross and net earnings, showing all deductions; and (c) itemized statements of each other's debts and liabilities, if any. Order 67(2) If a spouse fails to comply with a request under subsection (1), the court may do one or more of the following: 1. Order the spouse to comply with the request. 2. Order the non-complying spouse's employer, partner or principal, or any other person, to provide the other spouse with any of the information, accountings or documents referred to in subsection (1) that are within the knowledge of or contained in a record in the possession or control of the employer, partner, principal or other person. 3. Order the non-complying spouse to pay the other spouse an amount up to $5,000, in addition to or instead of any other penalty to which the non-complying spouse is liable under this Act. Order re confidentiality 67(3) On application by a party, the court may order that any information, accountings or documents provided under this section — and any examination or cross-examination on them — be kept confidential and not form part of the public record. EFFECT OF SEPARATION AGREEMENT ON SUPPORT ORDER Effect of separation agreement 68(1) When spouses have entered into a written agreement for spousal support in which one of them has agreed to release the other from liability for support or to accept a specified amount of support from the other, the court must not make an order under this Part for support of the spouse who has so agreed. Exception 68(2) Subsection (1) does not apply in the following circumstances: (a) the spouse who is required to provide support under the agreement is in default; (b) the court is satisfied that (i) the support that a spouse agreed to provide under the agreement was inadequate given the circumstances of both spouses when the agreement was entered into, or (ii) the spouse who, in the agreement, released the other from liability for support or accepted a specified amount of support from the other has become in need of public assistance. Order terminates agreement 68(3) When a court makes a spousal support order in a circumstance mentioned in subsection (2), the order terminates the agreement for spousal support. Certain clauses inoperative 68(4) A provision in an agreement stating that support for a spouse is conditional on the spouse abstaining from sexual relations is void, and all other provisions of the agreement are to be enforced without regard to that provision. SUPPORT ORDER Spousal support order 69 A court may, on application by a spouse, make an order requiring one spouse to provide support for the other and determine the amount of support. Factors in making an order 70(1) In determining whether to make a spousal support order and the amount and duration of any support, the court must consider all the circumstances of the spouses, including the following: 1. The duration of the marriage or common-law relationship. 2. The functions performed by each spouse during the time they lived together. 3. The financial means, earnings and earning capacity of each spouse. 4. The household standard of living of each spouse. 5. The financial needs of each spouse. 6. Any contribution of a spouse within the meaning of subsection (2). 7. Any impairment of the income-earning capacity and financial status of either resulting from the marriage or common-law relationship. 8. If one of them is financially dependent upon the other, (a) the measures available for the dependent spouse to become financially independent of the other, and the length of time and cost involved in taking those measures; and (b) whether and to what extent the dependent spouse is complying with the duty to take all reasonable steps to become financially independent. 9. Any duty either has for the support of a child or of another person other than the other spouse. 10. Any previous court order relating to the support of the spouses. 11. The existence of any agreement or arrangement relating to the support of the spouses. 12. The amount of any property settlement made between them. Domestic service as financial contribution 70(2) Any housekeeping, child care or other domestic service performed by a spouse for the family is a contribution to support within the meaning of section 65 (duty of mutual support) in the same way as if the spouse were devoting the time spent in performing that service in gainful employment and contributing the earnings to support. PRIORITY TO CHILD SUPPORT Priority to child support 71(1) A court that is considering both an application for a child support order and an application for a spousal support order must give priority to child support in determining the applications. Reasons 71(2) When, because of giving priority to child support, the court is unable to make a spousal support order, or makes an order in an amount that is less than it otherwise would have been, the court must record its reasons for doing so. Consequences of reduction or termination of child support order 71(3) When, because of giving priority to child support, a spousal support order is not made, or the amount of the order is less than it otherwise would have been, any later reduction or termination of child support is a change of circumstances for the purpose of applying for a spousal support order or a variation of an order. REVIEW OF SPOUSAL SUPPORT Review of spousal support 72(1) An agreement or order respecting spousal support may provide for a review of spousal support, and for this purpose may provide for any of the following: (a) that the review occur on or after a specified date, after a specified period of time or after a specified event has occurred; (b) the manner in which the review is to take place; (c) the grounds on which a review is to be permitted; (d) the matters to be considered in a review. Review by court 72(2) When a court reviews spousal support, the court may, on application, do one or more of the following: (a) confirm an agreement respecting spousal support or a spousal support order; (b) set aside all or part of an agreement, or vary or terminate a spousal support order; (c) make a spousal support order under section 69. ORDER TO VARY, SUSPEND OR TERMINATE SPOUSAL SUPPORT ORDER Order to vary, suspend or terminate spousal support order 73(1) On application, a court may vary, suspend or terminate a spousal support order. Factors in making an order 73(2) Before making an order under subsection (1), the court must be satisfied that a change in the condition, means, needs or circumstances of either spouse has occurred since the order was made or last varied, and the court must consider the change in making the order. DIVISION 4 GENERAL SUPPORT MATTERS MATTERS THAT MAY BE PROVIDED FOR IN SUPPORT ORDERS Matters that may be provided for in support orders 74 In a child support order or a spousal support order, the court may provide for one or more of the following: 1. That payment be made in a lump sum, periodically, annually or otherwise, or in any combination of them, for an indefinite or limited period or until a specified event occurs. 2. That payment of a lump sum be made directly or in trust. 3. That support be paid in respect of any period before the date of the order. 4. That some or all of the support payable under the order be paid to another person for the benefit of the support recipient. 5. With respect to a child support order, that some or all of the support be paid directly to the child. 6. With respect to a child support order, that the amount of child support must not be recalculated by the child support service. 7. That a spouse who has a policy of life insurance as defined in The Insurance Act designate the other spouse or a child as the beneficiary, either irrevocably or for the period set by the order. 8. That a duty and liability to pay support continue after the death of the person having the duty, and is a debt of the person's estate for the period set by the order. 9. That the parties provide each other with updated financial information annually or at other specified times. 10. That a spouse who is required to pay support maintain coverage for the other spouse and any children on the medical, dental or other health care plan of the spouse required to pay support. 11. That court costs and reasonable lawyer's costs related to the support order, in amounts that the court may determine, be paid by one party, or by the parties in the proportions the court may determine. 12. That payment under the order be secured by a charge on property or otherwise. ENFORCEMENT OF SUPPORT Enforcement of support orders 75 Whether or not a support order states that the director under The Family Support Enforcement Act may enforce it, the director may enforce such an order and the support recipient may also enforce it under any law. Assignment of support orders 76 When a support order or agreement has been assigned under section 13 of The Family Support Enforcement Act , the Director of Assistance designated under The Manitoba Assistance Act or the director designated under The Disability Support Act , as the case may be, (a) is entitled to receive the payments due under the order or agreement; and (b) has the same right to be notified of and participate in any proceedings under this Part or The Family Support Enforcement Act to vary, suspend, terminate or enforce payments, including arrears, under an order or agreement as the person entitled to receive support under the order or agreement. COMPENSATION FOR LATE SUPPORT PAYMENTS Compensation for late support payments 77(1) This section applies when a payment required under a support order is not made, is made only in part or is made after it was due. Maximum $5,000 77(2) In the circumstances mentioned in subsection (1), a court hearing an application to vary or terminate a support order under this Part may order the person required to pay support to make a compensatory payment in an amount up to $5,000 to the person entitled to receive support. ORDER CANCELLING ARREARS Order cancelling arrears 78 The court may, on application, cancel arrears under a support order, in whole or in part, if the court is satisfied that, (a) having regard to the interests of the person in arrears or their estate, it would be grossly unfair and inequitable not to do so; and (b) having regard to the interests of the person to whom the arrears are owed or their estate, the cancellation is fair and equitable. REGULATIONS Regulations respecting child support 79(1) The Lieutenant Governor in Council may make regulations establishing guidelines for the making of child support orders under this Part, and which permit Manitoba's designation under subsection 2(5) of the Divorce Act (Canada). Guidelines 79(2) Without limiting the generality of subsection (1), guidelines may be established (a) respecting the way in which the amount of child support is to be determined; (b) respecting the circumstances in which discretion may be exercised in the making of an order for child support; (c) authorizing a court to require that the amount payable under an order for child support be paid or secured, or paid and secured, in the manner specified in the order; (d) respecting the circumstances that give rise to the making of a variation order in respect of child support; (e) respecting the determination of income for the purposes of the application of the child support guidelines; (f) authorizing a court to impute income for the purposes of the application of the child support guidelines; (g) respecting the production of financial information, deeming income and disclosure of income, if that information is not produced, and providing for sanctions; (h) adopting, in whole or in part, and as amended from time to time, any regulation, guideline, rule or procedure; (i) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for the purposes of this Part. PART 5 MISCELLANEOUS ORDERS RE SPOUSES AND PARTNERS Definition — "family home" 80(1) In this section, "family home" means property that is owned or leased by one or both spouses or common-law partners and that is or has been occupied by them as their home. Order of exclusive occupation of family home 80(2) On application by a spouse or common-law partner, the court may order (a) that one spouse or common-law partner be given exclusive occupation of the family home for a specified period, even if the other spouse or partner is the sole owner or lessee of the home or if both spouses or partners together are the owners or lessees; and (b) that the right that the other spouse or common-law partner may have as owner or lessee to apply for partition or sale, or to sell or otherwise dispose of the family home, be postponed. Limit on exclusive occupation of family home 80(3) An order under subsection (2) does not grant to a spouse or common-law partner any right that continues after the rights of the other spouse or partner, or of both spouses or partners, as owner or lessee are terminated. ORDER RESPECTING CONDUCT Order respecting conduct 81(1) Unless it would be more appropriate to make an order under The Domestic Violence and Stalking Act , on application by a spouse or former spouse, common-law partner or person who has lived in a marriage-like relationship, a court may make an order (a) prohibiting or restricting communications between the parties, including how and when communications may occur; and (b) prohibiting or restricting the other party's attendance at or near a place where the applicant regularly attends, including the applicant's home, workplace or business. Exceptions 81(2) An order under subsection (1) may include exceptions and be made subject to any terms and conditions the court considers appropriate to (a) permit communication for the purpose of pursuing court proceedings; (b) allow the parties to attend a court hearing or a meeting, mediation, evaluation or other event related to court proceedings or the resolution of court proceedings or the resolution of family matters that will avoid court proceedings; and (c) permit the parties parenting time. ORDER TO VARY OR TERMINATE Order to vary or terminate 82 The court that made an order under section 80 or 81 may, on application, vary or terminate the order if it considers it fair and reasonable to do so, having regard to any material change in circumstances that has occurred since the order was made or last varied. ORDER OF NON-COHABITATION Order of non-cohabitation 83 On application by a spouse, a court may order that the spouses are no longer bound to cohabit with one another. FINDING RE LENGTH OF COMMON-LAW RELATIONSHIP Finding re length of common-law relationship 84 When an application is made under this Act that relates to a common-law relationship, the court may make a finding as to the period of time during which common-law partners cohabited in a common-law relationship, and the date on which their cohabitation began and ended. PART 6 GENERAL POWERS OF THE COURT Jurisdiction of King's Bench (Family Division) 85(1) An application may be made to the Court of King's Bench (Family Division) for any order under this Act. Limited jurisdiction of Provincial Court (Family Division) 85(2) An application may be made to the Provincial Court (Family Division) for any order under this Act except the following: (a) an order under item 2 of section 74 that a lump sum payment of support be made in trust; (b) an order under item 12 of section 74 that payment of support be secured by a charge on property; (c) an order under subsection 80(2) respecting occupation of the family home or postponing rights respecting the family home. EXCLUDING THE PUBLIC OR PROHIBITING PUBLICATION Excluding the public or prohibiting publication 86 A court may make an order (a) excluding any person, other than a party, from attending a hearing; or (b) prohibiting publication of the identity of a party or child in reports of a hearing if the court considers that publication would cause undue hardship to the party or child or be detrimental to the child's health or well-being. SPOUSE A COMPELLABLE WITNESS Spouse a compellable witness 87 In any proceeding under this Act, spouses are competent and compellable to give evidence against one another. RECONCILIATION EFFORTS Court may ask about reconciliation 88(1) When an application under this Act relates to a marriage or common-law relationship, the court may at any time (a) ask the applicant and, if present, the respondent, whether there is a possibility of their reconciliation; (b) adjourn the proceedings to give the parties an opportunity to reconcile; and (c) refer the parties to a counsellor to assist them in their efforts to reconcile; unless the circumstances of the case are such that it would clearly not be appropriate to do so. No evidence permitted re counselling 88(2) Unless the parties agree otherwise, no person who counsels spouses or common-law partners in reconciliation efforts, and no party to those efforts, is competent or compellable to give evidence in a proceeding under this Act or otherwise, as to (a) a written or oral statement made by a person during counselling; or (b) any knowledge or information acquired by anyone during counselling. Exception 88(3) Subsection (2) does not apply to a proceeding under Part III (Child Protection) of The Child and Family Services Act . APPEALS Appeals 89(1) A party may appeal an order made under this Act, including an interim order, to the Court of Appeal. Time limit 89(2) The time limit for filing an appeal is 30 days after the order is signed, unless the Court of Appeal extends the time limit. Powers of Court on appeal 89(3) After hearing an appeal, the Court of Appeal may (a) confirm or set aside the order; (b) make any order that the court that made the order could have made; or (c) direct a new hearing. Order under appeal remains in effect 89(4) An order under appeal remains in effect and may be enforced until the appeal is determined, unless the court that made the order or the Court of Appeal orders otherwise. INTERIM ORDER Interim order 90(1) When an application is made under this Act, other than for a declaratory order of parentage under Part 2, the court may make an interim order if it is satisfied that a delay in making an order might prejudice or cause hardship to a party to the proceedings or to a child. Notice 90(2) An interim order must be made on the application of a party with notice to the other party or parties, unless the court is satisfied that it is necessary to make an interim order without giving notice. Requirements or factors 90(3) To the extent practicable, the court must make an interim order in accordance with any requirements or factors that would apply if the order were not an interim order. CONSENT ORDER Consent order 91 A court may make an order under this Act without a hearing if the parties consent and have agreed on the content of the order. INCORPORATING TERMS OF AGREEMENT IN COURT ORDER Order may incorporate agreement 92 A court may incorporate into an order made under this Act all or part of a written agreement made by the parties to the proceeding and, unless the court orders otherwise, (a) the order replaces the part of the agreement that is incorporated; and (b) the rest of the agreement remains in effect. TERMS AND CONDITIONS OF ORDERS Terms and conditions of orders 93 A court may include in an order made under this Act any terms or conditions the court considers appropriate in the circumstances. REVIEW OF ORDER Order may require review 94(1) Subject to this Act, an order made under this Act, other than a declaratory order of parentage under Part 2, may require the parties to return to the court that made the order for a review of the provisions of the order. Timing of review 94(2) The review may be required after a specified date, after a specified period of time or after a specified event has occurred. Court may continue, vary or terminate 94(3) On a review, the court may continue, vary or terminate the order. ORDER TO PROVIDE ADDRESS Order to provide address 95(1) A potential applicant who needs to know the address or whereabouts of another person to (a) apply for an order under this Act; or (b) apply for similar relief under the Divorce Act (Canada) or other law; may apply to the court for an order requiring any person, the government or another entity to provide the court with information in their possession or control about the person's address or whereabouts. On receiving the information, the court may give it to the applicant or to any other person the court considers appropriate. Notice 95(2) An application must be served on the person, the government or other entity from whom the information is sought. Information to be provided 95(3) Any person, the government or other entity to whom an order is directed must comply with the order, despite any other enactment or law requiring confidentiality. Assessing risk of family violence or stalking 95(4) Before the court gives a person's address or information as to the person's whereabouts to a potential applicant under subsection (1), it must consider whether doing so could expose that person to a risk of family violence or stalking. PART 7 MISCELLANEOUS PROVISIONS Offence 96 A person who fails to comply with a provision of this Act or a provision of an order made under this Act is guilty of an offence and is liable on conviction to a fine of not more than $10,000, or to imprisonment for a term of not more than one year, or both. Regulations 97 The Lieutenant Governor in Council may make regulations (a) governing all matters of procedure under this Act; (b) respecting the giving of notices and other documents under this Act and the regulations and specifying when they are deemed to have been given or received; (c) respecting surrogacy agreements under Division 2 of Part 2; (d) respecting relocation under Division 4 of Part 3; (e) respecting forms for the purposes of this Act and providing for their use; (f) defining any word or phrase used but not defined in this Act; (g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable for the purposes of this Act. No limitation period 98 No limitation period applies to the making of an application under this Act or to the enforcement of an order made under this Act. Rights are additional 99 Rights given under this Act are in addition to and not a substitute for rights given under any other law. PART 8 TRANSITIONAL PROVISIONS Transition re Family Maintenance Act 100(1) In this section, "former Act" means The Family Maintenance Act . Act applies to existing proceedings 100(2) Any proceedings commenced under Parts I to V of the former Act and not fully disposed of before the coming into force of this section are to be dealt with and disposed of under this Act. Declaration of parentage continues 100(3) A declaration of parentage under Part II of the former Act continues in force according to its terms and may be confirmed or set aside as if the declaration were a declaratory order made under Part 2 of this Act. Custody and access order 100(4) An order respecting the custody of or access to a child under the former Act continues in force according to its terms and may be enforced, varied or terminated as if the order were a parenting order made under Part 3 of this Act. Agreement re custody and access 100(5) When an agreement made before the coming into force of this section provides a parent with custody of or access to a child, that parent has parental responsibilities or parenting time with respect to that child under this Act. Interpretation of custody and access order and agreement 100(6) For the purpose of subsections (4) and (5), (a) a parent with custody of a child is deemed to have decision-making responsibility and parenting time with respect to the child; (b) a parent with access is deemed to have parenting time with the child; and (c) decision-making responsibility and parenting time under this Act are as described in the order or agreement respecting custody or access. Support order continues 100(7) An order respecting the support or maintenance of a child, spouse or common-law partner made (a) under the former Act; or (b) under The Wives' and Children's Maintenance Act (now repealed); continues in force according to its terms and may be enforced, varied, suspended or terminated — and, in the case of an order for child support, may be recalculated by the child support service — as if the order were a support order made under this Act. Recalculation order continues 100(8) An order respecting the recalculation of child support made under the former Act by a court or the child support service continues in force according to its terms and may be enforced, varied, suspended or terminated as if the order were made under this Act. Order re exclusive occupation of home continues 100(9) An order of exclusive occupation of the family residence or postponing a person's rights as owner or lessee of the family residence under the former Act continues in force according to its terms and may be enforced, varied or terminated as if the order were made under section 80 of this Act. Order prohibiting or restricting communications continues 100(10) An order prohibiting or restricting communications between spouses or common-law partners under the former Act continues in force according to its terms and may be enforced, varied or terminated as if the order were made under section 81 of this Act. Order of non-cohabitation continues 100(11) An order that spouses be no longer bound to cohabit with one another under the former Act continues in force according to its terms and may be terminated as if the order were made under section 83 of this Act. Finding re length of common-law relationship continues 100(12) A court finding as to the period of time during which common-law partners cohabited in a common-law relationship under the former Act remains in effect as if the finding were made under section 84 of this Act. Transition re Child and Family Services Act 101(1) In this section, "former Act" means Part VII of The Child and Family Services Act .

Former Act applies to existing proceedings 101(2) Despite the repeal of the former Act, any proceedings commenced under the former Act that are not fully disposed of before the coming into force of this section are to be dealt with and disposed of under the former Act. This Act applies if parties consent 101(3) Despite subsection (2), with the consent of the parties, a proceeding commenced under the former Act may be dealt with and disposed of under this Act. Guardianship order continues 101(4) An order appointing a guardian under section 77 of the former Act continues in force according to its terms and may be enforced, varied or terminated as if the order were a guardianship order made under this Act. Access order continues 101(5) An order respecting access to a child under section 78 of the former Act continues in force according to its terms and may be enforced, varied or terminated as if the order were made under this Act. Transitional regulations 102 The Lieutenant Governor in Council may make regulations respecting anything required to deal with the transition of matters from the former Acts referred to in sections 100 and 101 of this Act, including regulations to remedy any difficulty, inconsistency or impossibility resulting from the transition. PART 9 CONDITIONAL AND CONSEQUENTIAL AMENDMENTS CONDITIONAL AMENDMENTS 103 NOTE: This section contained an amendment to this Act related to S.M. 2021, c. 60, Schedule A, which has now been included in this Act. CONSEQUENTIAL AMENDMENTS 104 to 123 NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts. PART 10 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE Repeal 124 The Family Maintenance Act , R.S.M. 1987, c. F20, except Part VI, is repealed. C.C.S.M. reference 125 This Act may be referred to as chapter F20 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 126 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2022, c. 15, Schedule A, came into force by proclamation on July 1, 2023.