Filing for Custody in Nunavut: Court Forms and Process

Filing for custody in Nunavut goes through the Nunavut Court of Justice — a unified single-level court that handles everything from divorce petitions to child protection matters. The registry is physically located at the Nunavut Justice Centre in Iqaluit, but parents in any of the territory's 25 communities can file remotely.

Required Forms

For a married parent filing for divorce with custody claims, the core forms are:

• Form 1 (Petition for Divorce) or Form 7 (Joint Petition) if both parents are filing together
• Original marriage certificate
• Proposed parenting plan outlining your requested parenting time and decision-making arrangements
• Form 8 (Financial Statement) and Form 9 (Statement of Property) if child support, spousal support, or property division is claimed

For an unmarried parent filing under the Children's Law Act, you file an application for parenting arrangements directly — no divorce petition is needed.

Note: Nunavut court forms still use the legacy terms "custody" and "access" rather than the modern Divorce Act language of "decision-making responsibility" and "parenting time." The court interprets the old terms through the modern framework, but using updated language in your proposed parenting plan demonstrates awareness of the current law.

Filing Fees

The court filing fee for a divorce petition is $200. The federal Central Registry charges an additional $10 fee. Issuing a Certificate of Divorce after finalization costs $10.

If you cannot afford filing fees, ask the registry about a fee waiver — the court has discretion to waive fees in hardship cases.

Remote Filing

Parents outside Iqaluit do not need to travel to file. The civil registry accepts documents electronically by email at [email protected]. This is a critical access mechanism in a territory where there are no road connections between communities and a return trip to Iqaluit can cost over $2,000 in airfare.

Service of Process

After filing, the responding parent must be formally served with the petition and a Notice to Respondent (Form 2). Service must be personal — delivered directly to the respondent by any adult who is not a party to the case, or by a private process server.

The respondent has 25 days to file an Answer (Form 4) if served within Nunavut, or 30 days if served elsewhere in Canada. If no Answer is filed, the petitioner can proceed uncontested by default.

Circuit Court Realities

Outside Iqaluit, the Nunavut Court of Justice operates on a travelling circuit. A judicial party visits communities to hold court sessions, but the circuit docket prioritizes criminal trials. Family law matters — especially contested custody hearings — often get bumped or delayed by weather cancellations.

To avoid depending on the circuit schedule, the court schedules teleconference and videoconference hearings for interim motions. This lets parents in different communities argue temporary parenting arrangements without waiting months for a physical court visit.

Uncontested vs Contested

If both parents agree on the parenting plan and child support, the divorce can proceed as an uncontested matter. The petitioner submits Form 11 (Request for Divorce Without Oral Hearing) and Form 12 (Affidavit of Applicant). A judge reviews the file and, if satisfied, issues the divorce judgment without a hearing.

If parents disagree, the case becomes contested. This triggers the full litigation track — financial disclosure, interim motions, potential mediation referrals, and eventually a trial.

For worksheets to draft your proposed parenting plan and organize your financial disclosure before filing, see the Nunavut Child Custody & Parenting Plan Guide.

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