The Family Law Regulation, M.R. 50/2023 provides procedural and administrative guidelines related to The Family Law Act (C.C.S.M. c. F20). This regulation aims to enhance clarity and consistency in family law matters, with a particular focus on contact orders, guardianship, and relocation processes.

In Part 1, the regulation delineates the process for applying for contact orders under the Act. It requires that applicants notify key stakeholders, including the child’s parents, guardians, and the child if they are 12 years or older. Furthermore, individuals with existing court-ordered access must also be informed, along with any other parties as directed by the court. This requirement ensures that all relevant individuals are aware of and can respond appropriately to contact order applications.

Part 2 outlines the requirements for guardianship applications and introduces critical definitions, including terms related to child welfare checks, such as “child abuse registry check” and “criminal record check.” These checks are mandatory for applicants and any adults residing with them, ensuring that guardianship decisions prioritize the child’s safety and well-being. The regulation specifies that notice of guardianship applications must be given to the child’s parents, existing guardians, and relevant agencies, particularly if the child is in care. For Indigenous children, additional notifications are mandated to the agencies or service providers serving their communities, highlighting the importance of cultural considerations in guardianship matters.

Part 3 focuses on the procedures for notifying interested parties about significant relocations. It specifies the required format for notices concerning proposed relocations, objections, and changes of residence, with corresponding forms provided in schedules. The regulation mandates that proper notice be served through specified methods—such as personal delivery, courier, fax, or email—thereby emphasizing accountability and transparency in relocation matters. Additionally, it includes provisions for substitute service when standard notification methods are not feasible. This flexibility allows courts to adapt to individual circumstances, ensuring that necessary notifications reach concerned parties effectively.

M.R. 50/2023 details the procedural elements for the effective implementation of The Family Law Act. By prioritizing notification, safety checks, and respect for cultural considerations, the regulation seeks to create a fair and informed environment for addressing family law issues. This approach aims at keeping in the best interests of children at the center in legal considerations surrounding contact and guardianship, leading to more stable family dynamics within the province.

Manitoba (50/2023) May 25, 2023