Supreme Court (Family Division)

General
Programs

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General

If you live in Halifax Regional Municipality or Cape Breton, you will go to the Supreme Court (Family Division) for all family law matters. This includes if :

  • you are married
  • you are common law
  • you are registered domestic partners
  • you have never lived together and are unmarried
  • you are a grandparent, stepparent, or another third party who wants the court to make an order about custody, access, or child support

There may be other circumstances in which you go to Supreme Court (Family Division). We recommend you get independent legal advice.
If you live outside Halifax Regional Municipality or Cape Breton, you may need to go to another court.

  • For information about the Supreme Court, click here.
  • For information about the Family Court, click here.

Programs

Intake

What is Intake?

Intake is part of the court process and is mandatory.
The purpose of intake is to make sure that you file the proper documents to start your court case.
You will meet with a court officer, either individually or in a group setting, depending on court requirements and location.
This person will help you:

  • identify the issues
  • make sure that you have provided all required information and documentation

Will I Still Need a Lawyer?

We recommend you contact a lawyer. The intake officer cannot give legal advice.

Conciliation

Conciliation is a free and mandatory process that begins after one of the parties starts a proceeding in the Supreme Court (Family Division). It usually involves both parties, either in separate rooms or together, meeting with a court officer who will help them focus on their situation. In conciliation, the court officer helps you negotiate and decide what the next steps might be.

The court officer does not give legal advice. Consider meeting with a lawyer if you need legal advice. Conciliation involves negotiation. Sometimes it is hard to negotiate if you don't know your legal rights and obligations. Lawyers can attend conciliation meetings with their clients if they wish.

The purpose of conciliation is to:

  • identify the issues involved
  • make sure there is proper disclosure by the parties concerning those issues
  • clarify the respective positions of the parties
  • facilitate negotiations between the parties and help the parties to reach a resolution
  • determine the next steps appropriate in the proceeding

The court officer can give certain directions or make certain interim orders in appropriate cases.


You do not have to attend conciliation with your ex-partner. Joint sessions will not take place if there is a history of family violence or if one of the parties refuses to meet with the other party.

Mediation

Mediation helps parties coming to the Supreme Court (Family Division) to resolve differences in matters relating to custody, access, support or maintenance, and property without going to court. An impartial, trained mediator will help each person to talk about their needs and issues, and will help resolve the issues in appropriate cases.

Mediation is:

  • available on a sliding scale of fees, based on your income
  • voluntary

Mediators do not give legal advice. We recommend you meet with a lawyer if you need legal advice. You should also have a lawyer review any agreement reached through mediation.

Mediation is not appropriate if there is a history of family violence or if one of the parties refuses to meet with the other party.

Parent Information Program

What is the Parent Information Program (PIP)?

PIP is a mandatory program if children are the subject of a court case. You will be scheduled to attend two two-hour sessions or one three-hour session at the court.

PIP offers you information about:

  • the legal process
  • the best ways to support your children during this time
  • the best ways to keep your children from getting caught in the middle

The goals of the Parent Information Program are:

  • to increase your awareness of the impact of parental conflict on children
  • to improve communications between you and the other party about your children's needs
  • to offer new ways to avoid placing children in the middle of issues between you and the other party

Do I Have to Attend the Session?

Yes, the sessions are mandatory if you have been referred by a court officer. If you do not attend, it will be noted in the court file and may affect your ability to get a court date for a hearing or trial. The judge may also ask you why you did not attend.

There are circumstances where your failure to attend may lead to one of the following:

  • you cannot have your case heard without the special permission of a court officer or judge
  • a judge refuses to accept your written or verbal submissions
  • your pleadings (court forms) are removed from the court file
  • the judge may order costs against you

If an emergency arises and you can't attend the session, call the Supreme Court (Family Division) immediately and inform the court officer who referred you to the Parent Information Program of the situation.

When Can I Attend a Session?

A court staff member will tell you when and where you are scheduled to attend. Attempts may be made to accommodate work and family commitments. You will not have to attend the same session as your ex-partner.

Parenting Assessments

What is a Parenting Assessment?

A Supreme Court (Family Division) judge may order a parenting assessment. The main purpose of an assessment is to help the judge decide how the needs of the child may best be met.

The judge can specify what kind of assessment is to be done, including:

  • a parental capacity assessment of one or both parents
  • a psychological/psychiatric assessment of one or both parents
  • a psychological/psychiatric assessment of a child
  • the child's wishes and reasons for those wishes
  • the parenting arrangements that best meet the child's needs

If an assessment is ordered by a judge, it is mandatory. If one party is not cooperating, the assessor will report this to the judge.

If you are involved in a custody or access dispute and believe an assessment of your child would help the court understand your family circumstances, you may speak to a court officer or your lawyer about seeking an assessment. The judge will decide if the court needs an assessment to make a determination in your case. If the judge doesn't order an assessment, the parties can still agree to have an assessment done.

If the situation is resolved before the assessment is complete, advise the assessor and the court as soon as possible.

Who Does the Assessment?

A parenting assessment is done by a professional, usually a social worker or psychiatrist with expertise in the area of children, custody, and access. The assessor meets with both parents, and may also meet with the child, grandparents, childcare providers, teachers, and so forth, if appropriate.

What is My Child's Role in an Assessment?

Your child may need to be interviewed by the assessor. It will depend on your child's age and the issues the judge wants addressed. As the assessor needs to meet with your child in a confidential setting, you cannot attend the interview. The assessor will discuss this with you beforehand.

What if I Disagree With What the Assessor Says or Recommends?

You, or your lawyer if you have one, will have the chance to address this during court proceedings.

Is There a Fee?

Yes. An assessment will usually cost $2,000 to $5,000 to prepare, but you may not have to pay the whole cost. If the assessment is ordered by a judge, you will pay a portion of the fee based on a fee schedule. The amount you pay is based on your gross income. If the assessment is not ordered by a judge, the entire cost will have to be paid by one or both parties.

Refer to the court ordered reports fee information on the courts website.

Supervised Access and Supervised Exchange Programs

What is Supervised Access and Supervised Exchange?

Supervised access allows non-custodial parents to visit with their child while under the supervision of trained service providers.

A supervised exchange allows custodial parents to drop their children off at a neutral place and have non-custodial parents pick them up without the parents having to meet.

The program's objective is to offer a safe, neutral, child-focussed setting for access and exchange in situations where there is high conflict or concern for safety. The supervising agency is responsible to contact the appropriate child welfare agency if a child is or may be at risk. It is responsible for setting up the days and times for visits. Visits or exchanges can only take place at the agency facility.

How Can I Use Supervised Access and Exchanges?

You must have a court order directing the use of the service. The Supreme Court (Family Division) considers this program a short-term service for families until a final order is determined.

If you feel that you could benefit from the Supervised Access or Supervised Exchange Program, please contact the Supreme Court (Family Division) in your area.

When Might Supervised Visits Occur?

Supervised visits may be appropriate when:

  • there are concerns about the safety of the child and/or the custodial parent
  • the non-custodial parent has a drug or alcohol problem or a psychiatric condition
  • there has been a lengthy separation between the parent and the child
  • there is a risk of abduction

When Might Supervised Exchanges Occur?

Supervised exchanges may be appropriate when:

  • there is unresolved conflict between parents; a neutral place to exchange children for visits makes access easier to arrange and reduces tension for the child
  • it is necessary to determine if the parent visiting the child is under the influence of drugs or alcohol
  • there is a concern about the safety of the custodial parent during the exchange

How much does supervised access or supervised exchange cost?

The fees vary. You may only have to pay a portion of the fee or nothing at all. The amount you pay is based on your gross income.

Family Law Information Centres (FLICs)

There are two Family Law Information Centres (FLICs). One is located in Halifax and one is located in Sydney.

The FLICs offer free information about family law issues. It is a good idea to visit a FLIC before starting a court application or making important family law decisions. However, FLIC services do not replace legal advice. For legal advice, we recommend you contact a lawyer.

FLIC goals are to:

  • offer information about court processes, legal topics, and court services
  • develop and offer family law information clinics
  • make referrals to community agencies and programs
  • offer computer access

You can get information at a FLIC about:

FLIC staff can:

  • help you understand the court process
  • provide you with court forms
  • help you find free information about your particular legal issue
  • explain how to get your own lawyer
  • refer you to services and resources in your community

FLIC staff cannot offer legal advice. They can only offer you general family law information.

FLIC offers a number of publications that may help with your particular legal issue, including:

Here is a list of some of the videos that you can view at a FLIC:

  • Children in the Middle
  • Separate Ways
  • It's Different Now But That's OK
  • Parents are Forever
  • Changes: My Family and Me
  • Your Day in Court
  • For the Sake of the Children
  • Parenting After Separation
  • Maintenance Enforcement Program

FLIC may also offers free information sessions on the following topics:

  • Family Division Intake
  • Interjurisdictional Support Orders (ISO)
  • Maintenance Enforcement Program (MEP)
  • Child Support Guidelines
  • Drafting Affidavits
  • Do-it-Yourself Divorce Kit

A FLIC computer is available free of charge for you to type your family law forms. There may also be other resources and information sessions available.

Top

Finding a FLIC

FLIC is located in Halifax at:

  • Supreme Court (Family Division), Lower Level
  • 3380 Devonshire Avenue
  • Halifax, Nova Scotia
  • You can also contact FLIC staff by calling (902) 424-5232.

FLIC is located in Sydney at

  • Supreme Court (Family Division)
  • Harbour Place, Main Level
  • 136 Charlotte Street
  • Sydney, Nova Scotia
  • You can also contact FLIC staff by calling (902) 563-5761.

Hours of operation vary based on location.
From time to time, due to operational requirements, the Centre may be closed on certain days or have a change of open times.