How to File for Custody in New Brunswick

Filing for a parenting order in New Brunswick isn't one-size-fits-all. The process depends entirely on which judicial district you're in — Saint John and Moncton use a different system than the rest of the province. Using the wrong form or filing in the wrong way can delay your case by weeks.

Here's the actual process for each track.

Step 1: Determine Your Court Track

New Brunswick has two distinct procedural systems for family law matters:

Rule 81 — Family Case Management (Saint John and Moncton) Cases are triaged through a Case Management Master. You cannot file a joint petition. Every case goes through mandatory case conferences designed to resolve issues before trial.

Rule 72 — Standard Process (Fredericton, Bathurst, Campbellton, Edmundston, Miramichi, Woodstock) A more traditional paper-filing process. Joint petitions are permitted, which eliminates the need for formal service of process.

If you're only seeking a parenting order (without divorce), you file under the Family Law Act in either track. If you're also divorcing, your parenting order is included in the divorce petition.

Step 2: Complete the Right Forms

Rule 81 Districts (Saint John / Moncton)

• Form 81A (Application) — the main form to initiate your parenting case
• Form 72J (Financial Statement) — mandatory if child support, spousal support, or property division is claimed
• Filing fee: C$75 for a parenting/support application, or C$110 if combined with a divorce petition (C$100 + C$10 Central Registry fee)

Rule 72 Districts (All Others)

• Form 72A (Petition for Divorce) — if you're filing for divorce with parenting terms included
• Form 72B (Joint Petition) — if both spouses are filing cooperatively (only available in Rule 72 districts)
• Form 72J (Financial Statement) — mandatory when financial matters are involved
• Filing fee: C$110 for divorce petitions (C$100 + C$10 clearance certificate)

Forms are available through Service New Brunswick offices or the court website. They're fillable PDFs, but they come without instructions on how to draft the parenting schedule you need to attach.

Step 3: File and Serve

Rule 81 (Saint John / Moncton): File your Form 81A and supporting documents with the Court of King's Bench, Family Division. The court's Triage Coordinator reviews your file and schedules a case conference.

Rule 72 (Other districts): File your petition with the Office of the Registrar. Once you receive your certified copy back (typically 2-3 weeks), you must serve it on the other parent. You cannot serve the documents yourself — use a process server, sheriff's officer, or any adult over 19 who isn't a party to the case. Service costs range from C$75 to C$250 for a private process server.

The respondent has 20 days to file an Answer if served within New Brunswick, 40 days if served elsewhere in Canada, or 60 days if served internationally.

Step 4: The Case Conference or Trial Preparation

In Rule 81 districts, you'll attend a case conference with a Case Management Master who will try to narrow the issues and push toward resolution. Many cases settle at this stage without ever reaching trial.

In Rule 72 districts, if the other parent doesn't respond within the deadline, you can proceed on an uncontested basis. If they file an Answer, you'll need to negotiate, mediate, or prepare a Trial Record (Form 47B Certificate of Readiness, Form 72K Request for Divorce, Affidavit of Evidence, and all supporting documents).

Filing as a Self-Represented Parent

Self-represented litigants handle a significant portion of NB family court filings. If you're representing yourself:

• The Family Law Information Centre (FLIC) in Moncton and Saint John provides free procedural guidance (they can't give legal advice)
• Legal Aid NB may cover your case if you qualify financially
• The mandatory Parent Information Program (PIP) must be completed — it's a free online course through the NB Department of Justice

The New Brunswick Child Custody & Parenting Plan Guide maps both the Rule 72 and Rule 81 processes from first filing to final order, with a filing checklist that ensures you don't miss a required document or deadline.

See more New Brunswick guides →