How to File for Custody in Newfoundland and Labrador

Filing for parenting time and decision-making responsibility in Newfoundland and Labrador involves specific forms, filing fees, and mandatory mediation referrals. Here's the process from start to finish — whether you're filing in Supreme Court or Provincial Court.

Step 1: Determine Which Court

Your filing court depends on where you live and what you're asking for:

Supreme Court Family Division (St. John's at 21 Kings Bridge Road, and Corner Brook) has exclusive jurisdiction over divorce, matrimonial property division, and all family matters on the Avalon Peninsula. If you're filing for divorce and parenting together, this is your court.

Provincial Court handles parenting time and child support applications outside the Family Division's geographic reach. The key advantage: there are no filing fees in Provincial Court. However, Provincial Court cannot grant a divorce or divide property.

If you're unmarried or separating without divorcing, Provincial Court may be the more accessible option — especially if you're in a rural area.

Step 2: Complete the Originating Application

The primary form is the Originating Application (Form F4.03A). This is available on the Supreme Court website and through the PLIAN (Public Legal Information Association of NL) online form builder, which walks you through the fields step by step.

The application asks you to specify what orders you're seeking — parenting time, decision-making responsibility, child support, or all three. Use the current terminology: "decision-making responsibility" and "parenting time," not "custody" and "access."

If you're seeking divorce, you'll need to attach your original marriage certificate and provide details about the separation date.

Filing fee: $130 in Supreme Court (includes the $10 Central Registry fee). No fee in Provincial Court.

Step 3: Serve the Other Parent

After filing, you have 180 days to serve the other parent. Service must be personal — you can't do it yourself. An adult (19 or older) who isn't a party to the application must hand-deliver the documents.

The server then completes a sworn Affidavit of Service (Form F8.03A) before a Commissioner for Oaths ($10 at the court registry) and files it with the court.

The other parent has 30 days from service to file a Response (Form F6.02A). If they raise new claims in their response, you get 10 days to file a Reply.

Step 4: Financial Disclosure

If child support is part of your application, both parents must file a Financial Statement (Form F10.02A) — a sworn statement of income, expenses, assets, and debts. This isn't optional even if you think child support is straightforward.

If property division is also involved, both parties file a Property Statement (Form F10.04A) detailing all assets and their values.

Step 5: Family Justice Services (Mandatory)

Here's what catches many parents off guard: filing an application involving parenting or child support automatically triggers a referral to Family Justice Services (FJS). This isn't optional.

FJS will contact both parents (typically within two weeks) for intake interviews and safety screening. Then:

1. Both parents complete the mandatory 3-hour "Living Apart, Parenting Together" parent education session
2. If deemed safe, FJS assigns a mediator to help negotiate a parenting plan
3. If you reach agreement, FJS helps draft a Consent Order (Form F34.02A/F34.02B) that a judge signs — making it binding

FJS mediation is completely free. The entire process typically takes 60 to 90 days.

If mediation doesn't produce an agreement (or is screened out due to safety concerns), FJS files a dispute resolution report and your application proceeds to case management and potentially trial.

Step 6: If You Can't Agree — Case Management and Trial

Unresolved cases proceed to a case management conference where a judge reviews disclosures, narrows issues, and sets timelines. If issues remain after case management, the matter goes to trial.

After trial and final orders, the divorce application is finalized through an Application for Judgment (Form F26.02A). The Divorce Judgment becomes final on the 31st day after signing — then either party can request a Certificate of Divorce ($20).

The Consent Order Shortcut

If both parents can agree on parenting arrangements — either through FJS mediation or private negotiation — you can bypass most of this process by filing a Consent Order directly. This is faster, cheaper, and produces an enforceable court order without a trial.

The Newfoundland and Labrador Custody and Parenting Plan Guide includes a court process roadmap and FJS mediation prep worksheets to help you arrive at mediation with a clear, detailed proposal — the single most effective way to reach agreement without trial.

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