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Representations of the Lady of Justice in the Western tradition occur in many places and at many times. She sometimes wears a blindfold, more so in Europe, but more often she appears without one. She usually carries a sword and scales. Almost always draped in flowing robes, mature but not old, no longer commonly known as Themis, she symbolizes the fair and equal administration of the law, without corruption, avarice, prejudice, or favor.


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2013 New Year's Resolution:
To however, cause the Judiciary of New Brunswick to uphold the Canadian Charter of Rights and Freedoms.
Reason being, that, the Charter is applicable in New Brunswick, just as all provinces are bound by the Constitution.
Despite the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985, that, the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review per-existing statutes and strike potentially unconstitutional inequalities.

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Tuesday, February 05, 2013

Family Court, how do I, as a Self Represented Litigant, start a law action ? Where do I file the forms for free?


 Family Court, law action, how do I start one?  Where do I file the forms?
The starting point for any family law action is at the Court Clerk’s office, which is located in most of the courthouses around the province. If you want to apply for custody, change a child support order, or request any other legal remedy, such as divorce, than you must file the appropriate forms and documents at this office.

 Filing documents simply means taking completed Court forms and a copy of those forms, to the Clerks’ office and paying a SMALL filing fee.  If you prefer, you can send the forms and a certified cheque by mail.  This begins your legal action. 


It is very important to fill out the forms as neatly and accurately as possible.  If you cannot type them, you should print – not write - the information.  Make sure all of the information you provide is true.  It may be considered a criminal offence if  lies are discovered in a document filed with the Court.  It is also very important to provide all of the relevant information and supporting documents for your claim. 


Remember, the information that you include on the documents, which you filed with the Court might be the only information the Judge has to decide your case.  If you don’t complete your forms accurately and completely, the Court will send them back to you - and there’s a $10 fee to re-file documents.  Once you file your forms and documents, you cannot make any changes.  If you have to change or add information, you must prepare an “amended” form.  To do this, you must complete a new form and underline any new or changed information.  Then, you must file the new amended form with the Court office. 


Many people who represent themselves ask the staff at the Clerks’ Office for help, such as questions about what forms to use for certain actions and how to complete them.  Some people on 'Filing Day', even ask Court Client Services staff to first review their forms, before actually filing same, to make sure they are correct.  This Court Client Services staff reasonably can do, however, since the Law Society of New Brunswick has infiltrated every aspect of the judiciary within the province, the Client Services employees have been brainwashed to say and consequentially believe, that to make sure your documents are bureaucratically correct is somehow considered legal advise. This is of course non sense, as a form is nothing but style, and grammatical appropriateness and has nothing to do with Legal Advise. Nevertheless, the Resident lawyer, at Court Client Services, who is the Court Clerk will not permit Client Services Staff, to do anything, more, for you, than accept your documents for filing, along with your filing fees.

Here is what Court staff can do to help you.
  • give you general information on fees, court rules, procedures and practices
  • provide some court-approved forms such as the Petition for Divorce, the Joint Petition for Divorce and the Financial Statement. 


Proceeding without a lawyer, you will have to get any other family court forms from the  Service New Brunswick office, the Family Law NB website or the links at bottom of page:
There are some things that Court staff cannot do
  • tell you what to say in court.
  • review your forms
  • tell you what a judge might decide
  • collect a judgment
  • serve (deliver) papers.
  • act as commissioner of oaths for you.
  • provide you with address or contact information for a spouse or parent. 
When you have filed your documents, Client Services Staff will sign, stamp and put a court file number on your form.  The court file number is very important as it identifies your matter before the Courts.  All the documents you prepare in your proceeding must have this file court file number on them.  Before you do anything else, you must wait for the Court office to return a set of documents to you.  The Court will keep a copy.
 How do I get the forms I need?
You must complete a Court form in any legal action – and you must use the correct form.  If you are not sure what form you should be using.  One of the most common family law actions that people do themselves is an uncontested divorce.  You can get the Petition for Divorce, Joint Petition for Divorce and the Financial Statement from the Court Clerk for a small fee.

Most family law forms are available on the Family Law NB website.  The forms include “instructive notes” along with samples of completed forms, affidavits and covering letters.  You can fill them out on-line and print them.  Or, you can print off a copy and complete it by hand.  Most family law forms must be on legal size paper.  If you do not have a computer or printer, you can make a list of the forms you need and get them from the nearest Service New Brunswick Office.  SNB charges a fee for printing these forms.


FORMS:
Here are a number of “fillable” forms for some common family law actions. Most have “explanatory notes” that appear as question marks. You can read these notes by moving your mouse over them.  You can also review “examples” of the various forms and other documents such as cover pages, trial records and affidavits.
If you live in the Saint John region (which includes the Counties of Charlotte, Kings and Saint John) CLICK HERE for information on forms.
Before you go any further, be sure to read the instructions for printing and completing forms.

 What should I know about filling out family law forms?
It is very important to fill out the forms as neatly and accurately as possible.  If you cannot type them, you should print – not write - the information.  Make sure all of the information you provide is true.  It is a criminal offence to lie in a document filed with the Court.  It is also very important to provide all of the relevant information and supporting documents for your claim. 

The information requested on the forms is apparently required for a reason; you must decide if this applies to you, and or is it relevant.   For example, on some divorce forms there are several questions that ask for details about your children.  This need not be the business of the Court when all you require of the Court is that the Court declares the divorce.  When completing the forms, be as thorough and as clear as you can.  Focus on the questions being asked and do not skip any sections.  If something does not apply, cross it out. 

The information that you include on the documents you file with the Court might be the only information the Judge has to decide your case.  If you don’t complete your forms accurately and completely, Court Client Services will send them back to you - and there’s a $10 fee to re-file documents. Which is however the same advise they refused to give on the first day of filing, remember.

Once you file your forms and documents, if you want to change or add information on a form that you have already filed with the court, you have to prepare an 'AMENDED' form. This means you have to complete a new form, and underline any new or changed information. Then, you have to file that new 'AMENDED' STYLE FORM, with the Court Client Services office. You also have to arrange for the 'AMENDED' form to be served on the other party.

NOTICE
PROCESS SERVICE IS FREE IF YOU DO IT YOURSELF! 

Which forms do I, as Self Represented Litigant, file for a Divorce?



How do I file forms for a Divorce?
Do not need a Lawyer, or the expensive interference of a Lawyer, in New Brunswick, Canada for the most common family law actions, that, which, people can do for themselves, is an uncontested divorce.  Divorce is different from other family law matters, because Petitions for Divorce must be filed in Fredericton with the Office of the Registrar.  You can get the Petition for Divorce, Joint Petition for Divorce and the Financial Statement from the Registrar’s office for a small fee.  If you choose to do your own divorce, you should use the “Doing your Own Divorce” guide, available free online.

It is very important to fill out the forms as neatly and accurately as possible.  The information requested on the forms is required for a reason, therefore, you should not ignore any part.  Even if you think that something is obvious or that you don’t need to respond, you must fill in everything.  For example, on some divorce forms there are several questions that ask for details about your children.  If you have no children, say so on the form.  When completing the forms, be as thorough and as clear as you can.  Focus on the questions being asked and do not skip any sections.  If something does not apply, cross it out.  When the Petition and other documents are complete, and you have checked them over, make a photocopy.  You will need to give the Registrar the original and a photocopy when you file.

All divorce petitions must be filed with the Office of the Registrar in Fredericton.  It is the central filing office for all divorce petitions in New Brunswick.  They can be reached at 506-453-2452. The address for the Registrar is:

Justice Building
427 Queen Street
Fredericton,  New Brunswick
E3B 1B7

When you have filed your documents, the Registrar will sign, stamp and put a court file number on your form.  The court file number is very important as it identifies your matter before the Court. Thereafter, protocol requires that all the documents you intend to file as submissions to in your Court proceeding must have this file number on them.  Before you do anything else, it is wise to confirm with the Registrar, that, the Originating Process documents are satisfactorily completed, and when the Registrar intends to return the original set of documents to you.  The Registrar will keep a copy.

Once the divorce petition is filed with the Registrar, you have six months to serve it on your spouse.  You cannot make changes to documents once they are filed, unless you file a new form and mark it as amended.  Any new or changed information MUST be underlined.  There is a $10 fee to re-file documents, that is if you do it yourself; a lawyer will charge (reportedly) five thousand dollars to do what you can do for the price of your study time and filing fees all less than one hundred dollars.  You must also arrange for service of the amended form on your spouse. 

Subsequent documents concerning your divorce, like the Trial Record, must be filed with the Court Clerk’s office in your judicial district.
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