FJS Mediation for Custody in Newfoundland and Labrador — How to Prepare
FJS Mediation for Custody in Newfoundland and Labrador — How to Prepare
Every parenting application filed in Newfoundland and Labrador's Supreme Court gets automatically referred to Family Justice Services (FJS). This isn't a suggestion — it's a mandatory step before you can proceed to trial on parenting or child support issues.
Most parents learn about FJS only after filing. Here's how the process actually works and what you can do to make it productive.
What FJS Does (and Doesn't Do)
FJS is a division of the Supreme Court that provides free mediation and parent education for separating families. The key word is "free" — no cost to either parent.
What FJS handles:
- Parenting time schedules
- Decision-making responsibility arrangements
- Child support calculations
- Drafting Consent Orders if parents reach agreement
What FJS does not do:
- Provide legal advice
- Represent either parent
- Divide property or address spousal support
- Make binding decisions (the mediator facilitates — they don't decide)
If you need advice about your legal rights, you'll need a lawyer or the PLIAN 30-minute consultation service separately.
The FJS Process, Step by Step
1. Automatic referral. When you file an Originating Application (Form F4.03A) with any parenting or child support claim, the court registry forwards your file to FJS.
2. Intake interviews. Within about two weeks, FJS contacts both parents separately. These are screening interviews — the mediator assesses power dynamics, safety concerns, substance abuse, and whether mediation is appropriate for your situation.
3. Parent education. Both parents must complete the mandatory 3-hour "Living Apart, Parenting Together" course. It's available online, it's free, and you need to keep the completion certificate for your court file. Parents attend separate sessions — you won't be in the same virtual room.
4. Mediation sessions. A neutral FJS mediator meets with both parents (together or in separate rooms via "shuttle mediation") to negotiate a parenting plan. The mediator helps you work through scheduling, decision-making, and support issues.
5. Outcome. If you reach agreement, FJS helps draft a Consent Order (Forms F34.02A and F34.02B). Both parents sign it, a judge approves it, and it becomes a binding court order. If mediation fails, FJS files a dispute resolution report and your application returns to the litigation track.
The entire FJS process typically takes 60 to 90 days from referral to resolution.
How to Prepare for Your Mediation Session
The parents who get the best outcomes from FJS mediation arrive with a clear, written proposal. The mediator isn't there to design your plan from scratch — they're there to help you and the other parent find common ground between two proposals.
Before your session:
Know your schedule. Write out the specific parenting time arrangement you want — which days, what times, where transitions happen. Calculate the overnight percentage to understand child support implications (the 40% threshold determines whether shared-parenting calculations apply).
Map out holidays. List every holiday and school break that matters to your family, including Newfoundland-specific dates like Regatta Day. Propose who gets which holidays in odd vs. even years.
Decide on decision-making. Are you proposing joint decision-making on all major issues, sole decision-making for one parent, or dividing topics between parents? Know your position and the reasoning behind it.
Prepare your financial picture. Bring your income information, workplace benefits details, and a list of child-related expenses. If Section 7 expenses (extracurriculars, medical, childcare) are significant, have the numbers ready.
Anticipate the other parent's concerns. Mediation works best when you can show you've considered the other parent's perspective. If they have a legitimate scheduling conflict or financial constraint, acknowledging it upfront builds goodwill.
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When Mediation Is Screened Out
FJS operates a strict safety screening protocol. If the intake interviews reveal active domestic violence, coercive control, severe power imbalances, or immediate safety risks, FJS will screen the case out of mediation entirely. The mediator files a report allowing you to proceed directly to court.
In borderline cases, FJS can offer "shuttle mediation" — parents stay in separate rooms and the mediator goes back and forth. This removes direct contact while still attempting resolution.
The Newfoundland and Labrador Custody and Parenting Plan Guide includes an FJS mediation prep worksheet that walks through every issue a mediator will raise — so you arrive with a complete, organized proposal rather than working through it on the spot.
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