Provincial Court

Children's Law

The Children's Law Act governs applications with respect to custody of and access to children. You may also apply for a declaration as to the parentage of a child under this Act. Unless a judge orders otherwise, your application with respect to custody and/or access will be referred to the Family Justice Services Division where you will be expected to participate in a parent education session. If your matter cannot be resolved at the Family Justice Services Division, it will be referred back to the Court for a case conference and then a hearing. If you do not attend at a case conference or a hearing, the Court can proceed in your absence.

You will also be given an opportunity to participate in alternative dispute resolution with a view to resolving the issues raised in your application without going through a court hearing. If you already have an agreement with respect to custody and/or access, you may apply to the Court to file a consent order. If the form and content of your consent order are approved by a judge, the order will be signed and you will not be required to attend a court hearing.

The forms used in custody and access proceedings are available through the forms link on the left-hand menu.