Filing for Custody in PEI Supreme Court
Every parenting dispute in Prince Edward Island — whether you are married, common-law, or never lived together — goes through a single court: the Supreme Court of PEI, Family Section. There is no lower-tier provincial family court. You file at the same courthouse and follow the same rules whether you have a lawyer or not, and the court holds self-represented parents to the same procedural standards as practicing attorneys.
That sounds intimidating, but the actual filing process is mechanical once you know the forms and deadlines. Here is how it works from first document to first court date.
Where You File and What It Costs
The Family Section operates out of two locations: the C.R. McQuaid Family Law Centre at 1 Harbourside Access Road in Charlottetown, and the courthouse at 108 Central Street in Summerside. You file at the registry closest to where the child usually lives.
If you are married, you file a Petition for Divorce using Form 70A, which includes your parenting and child support proposals. The filing fee is $100 CAD, plus a $10 federal Central Registry of Divorce Proceedings search fee — $110 total to start the case.
If you are not married (common-law or separated without divorce), you file under the provincial Children's Law Act instead. The parenting terms — decision-making responsibility and parenting time — work the same way regardless of which statute applies.
The Forms You Need
Form 70A (Petition for Divorce) is the starting document for married parents. It requires a certified Marriage Certificate from Vital Statistics and a signed statement confirming you understand your parenting duties under Sections 7.1 to 7.5 of the Divorce Act.
If the other parent contests, they file Form 70D (Answer) within 20 days of being served inside PEI, 40 days if served elsewhere in Canada, or 60 days internationally. Filing the Answer costs $50 CAD.
Form 70I (Financial Statement) is mandatory whenever child support or property division is involved. The court will not move your case forward without it. You need three years of income tax returns, Notices of Assessment from CRA, recent pay stubs, and current account balances for every bank account, RRSP, and pension.
What Happens After Filing
Once a contested Answer is filed, the court assigns a Case Management Judge and schedules a Case Management Conference within 45 days. This conference is where the judge assesses conflict level, sets deadlines for financial disclosure, and directs parents to complete the Positive Parenting from Two Homes (PP2H) program.
If you need temporary arrangements before the final hearing — interim parenting time, for example — you can file a Motion for Interim Relief. But PEI has a unique extra step: Practice Note 41 requires a Pre-Motion Conference before any contested motion. You must serve a Notice of Pre-Motion Conference (Form 70AA) and a Pre-Motion Conference Memorandum (Form 70BB) at least 10 days before the conference date. Affidavits cannot be filed until after this conference has taken place.
Pre-Motion Conferences run every second Wednesday in Charlottetown and every second Tuesday in Summerside, scheduled for 60-minute blocks.
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Uncontested Path: Joint Petition
If both parents agree on parenting time, decision-making responsibility, child support, and property division, you can file a Joint Petition. The court reviews the documents through a desk order process — no court appearance required. The judge checks that your parenting plan meets the best-interests standard and that child support follows the Federal Child Support Guidelines tables, then signs the judgment.
After the judgment is signed, there is a mandatory 31-day appeal period before the divorce takes effect and a Certificate of Divorce can be issued.
Tips for Self-Represented Parents
The Supreme Court expects precise terminology. Use "decision-making responsibility" and "parenting time" in every document — the old terms "custody" and "access" are legally obsolete since the March 2021 amendments. Filing a proposal that uses outdated language signals unfamiliarity with the law and can undermine your credibility.
Get your financial disclosure package together early. Missing or incomplete Form 70I submissions can cause cases to stall, and the court can draw adverse inferences against you — meaning the judge assumes your income is higher than you claim.
If you want a structured framework for building your parenting proposal before you file, the Prince Edward Island Child Custody & Parenting Plan Guide walks through decision-making allocation, schedule options, and the specific factors PEI judges evaluate — organized around the same forms and standards the court uses.
Key Timelines at a Glance
| Step | Timeline |
|---|---|
| Respondent files Answer (within PEI) | 20 days after service |
| Case Management Conference | Within 45 days of Answer |
| Pre-Motion Conference notice | At least 10 days before |
| One-year separation requirement | Must elapse before divorce judgment |
| Appeal period after judgment | 31 days |
The Supreme Court process is formal, but it follows a clear sequence. Knowing the forms, fees, and deadlines before you start filing removes most of the procedural anxiety — the rules are the same whether you have counsel or not.
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