NWT Divorce with Children: PAS Workshop, Parenting Plans, and Child Support

Divorcing with children in the Northwest Territories adds layers that childless divorces do not have. The Supreme Court applies strict scrutiny to parenting and support arrangements before granting any divorce judgment — and the most common reason desk divorce applications are rejected is non-compliant child support.

The Mandatory Parenting After Separation Workshop

The NWT Department of Justice runs a free, half-day Parenting After Separation (PAS) workshop covering the impact of separation on children and strategies for co-parenting.

The key rule: If both spouses reside within the City of Yellowknife when proceedings begin, attending the PAS workshop is mandatory before the Supreme Court registry will accept any originating documents. You must present your Certificate of Attendance at the registry counter when you file your petition. Without it, the clerk returns your paperwork unfiled.

Exemptions: The PAS requirement does not apply if:

• The parties live outside Yellowknife
• Both parties have signed a comprehensive written agreement covering all parenting, support, and access issues
• An urgent application is needed (interim custody, safety) — in which case you can file first but must register for the next available workshop and complete it within one month

Consequence of non-attendance: If a party is required to attend and does not, the court may strike their pleadings, refuse to allow submissions at trial, or make orders in their absence.

Along with the petition, the server must also deliver a separate Notice to Attend PAS Workshop to the respondent.

Child Support Under the Federal Guidelines

Child support in Canada is calculated using the Federal Child Support Guidelines, which set base amounts based on the payor's income and the number of children. The NWT does not have its own child support tables — the federal tables apply directly.

The judicial standard is non-negotiable. Under the Divorce Act, a Supreme Court judge is legally required to deny the divorce judgment if the child support arrangements do not comply with the guidelines. This means:

• You cannot waive child support entirely without strong justification and full financial disclosure
• You cannot agree to an amount below the guideline tables unless both parties provide comprehensive evidence (three years of CRA tax returns, notices of assessment, and current pay stubs) explaining why a departure is appropriate
• The judge reviews the child support calculations independently — parental agreement alone is not sufficient

If the judge finds the support arrangement non-compliant, the desk divorce application is rejected and returned for revision. This typically adds 2–4 months to the timeline.

Building the Parenting Plan

The court expects a parenting plan that addresses:

• Primary residence: Where the children will live most of the time
• Access schedule: When the non-residential parent has parenting time, including weekdays, weekends, holidays, and summer
• Decision-making authority: Who makes major decisions about education, healthcare, and religion — sole or shared decision-making
• Communication: How parents will communicate about the children and share information

The parenting plan does not need to follow a specific form, but it must be detailed enough for the judge to confirm that "reasonable arrangements" have been made for the children. Vague statements like "parents will share time equally" without a concrete schedule are typically insufficient.

Required Financial Disclosure

When child support is part of the divorce, the filing must include:

• Three years of CRA tax returns for both parents
• Three years of notices of assessment
• Current pay stubs or proof of income
• The completed NWT Child Support Data Sheet (as required by Supreme Court Practice Direction I)

This financial disclosure is not optional. The judge uses it to verify that the child support amount matches the guideline tables for the payor's actual income. Incomplete disclosure is one of the most common reasons for desk divorce rejections.

Special Expenses (Section 7)

Beyond the base guideline amount, the Federal Child Support Guidelines allow claims for "special expenses" — costs shared proportionally between parents based on their respective incomes:

• Childcare expenses for working parents
• Health insurance premiums and uninsured medical costs
• Educational expenses (tutoring, school fees)
• Extracurricular activities

These expenses must be documented and agreed upon. If both parents consent, the special expense arrangement is included in the desk divorce affidavit.

The Northwest Territories Divorce Filing Process Guide includes a child support calculation worksheet aligned with the Federal Guidelines, a parenting plan template, and the complete financial disclosure checklist required by NWT Practice Direction I.

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