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Guide for Grandparents and Extended Family Members

Applying for Access

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Acknowledgements Family Conciliation Services would like to acknowledge the Community Legal Education Association for writing the guide and the Grandparents Support Group Focus Group which was invaluable in providing their feedback and input into this guide.

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Not a legal documentThis guide is meant to provide legal information only and not advice. It is not approved by the court or an official court manual and following this guide does not guarantee success in a court proceeding. Court procedures and requirements may change from time to time. This guide is accurate as of June 2011. This guide cannot provide a substitute for the experience, knowledge and expertise that a lawyer can provide.

Helpful to extended family members and others seeking access This guide is for persons who want to have legal access to a child but who are not the parents of that child: grandparents, step-parents or other members of a child’s family and, in exceptional circumstances, persons who are not family members but who have had a significant and close relationship with a child. This guide has been written particularly to address the interests and concerns of grandparents. The language will reflect this throughout the guide. However, other extended family members (ex: step-parents, aunts and uncles) who are seeking access can also benefit from its content.

The law relating to access is similar for grandparents and other extended family members but it is somewhat different for non-family members as they may only apply for access to a child in “exceptional circumstances.” This guide can also be a useful resource for grandparents, other extended family members or others who want to better understand the process of applying for access (even when represented by a lawyer).

This guide only addresses access applications under Manitoba legislation (The Child and Family Services Act.)

This guide does NOT address:• custody and guardianship issues

• applications under the Divorce Act (This is federal legislation.)

• applications for interim orders

• oral hearings (trials)

• appeals of court decisions

Legal AidYou may contact Legal Aid Manitoba to determine if you are eligible for assistance.

Some Information You Should Know About This Guide

* If you require further assistance with this guide, please contact the Grandparent Advisor, Family Conciliation Services at 204-945-3277.

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INTRODUCTION ................................................................................................................1

What this guide offers ..................................................................................................................1

What this guide does not offer ................................................................................................. 2

What is meant by “access” ......................................................................................................... 2

DEFINITION OF TERMS .................................................................................................... 3

GRANDPARENTS’ RIGHTS IN MANITOBA .......................................................................4

Grandparent access under the federal Divorce Act .............................................................. 4

GAINING ACCESS: WITHOUT GOING TO COURT ............................................................4

Government resources:

Family Conciliation Services ....................................................................................................... 4

For the Sake of the Children program............................................................................... 4

Information and Referral .................................................................................................... 5

Grandparent Advisor ............................................................................................................ 5

Mediation ............................................................................................................................... 5

GAINING ACCESS: IF YOU HAVE TO GO TO COURT ........................................................ 5

Court-ordered Assessment ................................................................................................. 5

First Choice Service ............................................................................................................... 5

Brief Consultation Service .................................................................................................. 5

Contact Information ............................................................................................................. 5

BEFORE DECIDING TO GO TO COURT .............................................................................6

YOU ARE GOING TO COURT ............................................................................................6

Courts in Manitoba – where to apply ......................................................................................6

Court rules ......................................................................................................................................6

Preparing the application ........................................................................................................... 7

How this guide can help ............................................................................................................. 7

Access to court forms ................................................................................................................... 7

TABLE OF CONTENTS

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A STEP-BY-STEP GUIDE TO APPLYING FOR ACCESS ........................................................ 7

Chart: Applying for Access .......................................................................................................... 7

Chart: Court Process .....................................................................................................................8

STEP 1: BEFORE YOU APPLY TO COURT ............................................................................8

Criminal Record Search Certificate ...........................................................................................8

Manitoba Child Abuse Registry Check ....................................................................................8

For the Sake of the Children program: REQUIRED .................................................................9

Exceptions .......................................................................................................................................9

STEP 2: PREPARING COURT FORMS............................................................................... 10

Application Cover Page (Form 4B).…………………………………………… ........................................ 10

Notice of Application (Form 70E) ............................................................................................ 10

Affidavit (Form 4D) .................................................................................................................... .10

Exhibits ........................................................................................................................................... 11

STEP 3: FILING DOCUMENTS AT COURT ......................................................................... 11

Number of copies needed .......................................................................................................... 11

Filing fees ....................................................................................................................................... 11

The Court Process for Family Motions and Hearings .........................................................12

STEP 4: SERVING DOCUMENTS ......................................................................................12

Which documents to serve ........................................................................................................12

Who to serve .................................................................................................................................12

When to serve…………………………………………………………………………. ..........................................12

How to serve documents ...........................................................................................................12

STEP 5: FIRST COURT APPEARANCE ............................................................................... 14

Family Motions Court ................................................................................................................ 14

General notes about court ........................................................................................................15

STEP 6: UNCONTESTED APPLICATIONS ..........................................................................15

STEP 7: CASE CONFERENCE ............................................................................................ 16

Pre-trial conference ....................................................................................................................17

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Step 8: APPLICATION HEARING .....................................................................................17 (when contested hearing not resolved by case management)

Step 9: FILING MOTION/APPLICATION BRIEF ............................................................... 18

Step 10: PREPARING FOR CONTESTED HEARING .......................................................... 18

Step 11: REPRESENTING YOURSELF AT HEARING .......................................................... 19

Court costs .................................................................................................................................... 19

STEP 12 - PREPARING THE ORDER .................................................................................20

MORE RESOURCES FOR LEGAL INFORMATION/ASSISTANCE ........................................21

Legal Aid Manitoba ......................................................................................................................21

Law Phone-in and Lawyer Referral Service ........................................................................... 22

Legal Help Centre ........................................................................................................................ 22

Court of Queen’s Bench – court locations ............................................................................ 23

Family Conciliation Services .....................................................................................................24

Statutory publications ...............................................................................................................24

Appendices:APPENDIX A: MANIToBA LAWS ON GRANDPARENTS’ ACCESS .................................. 25

APPENDIX B: Q.B. RULES oN PARENT INFoRMATIoN PRoGRAM (FOR THE SAKE OF THE CHILDREN). ...........................................................29

APPENDIX C: APPLICATIoN CoVER PAGE (blank) ...........................................................34 (FoRM 4B)

APPENDIX D: NoTICE oF APPLICATIoN (blank) .............................................................. 35

APPENDIX E: SAMPLE oF NoTICE oF APPLICATIoN ....................................................... 37 W/CoVER PAGE (completed form)

APPENDIX F: TAKING oATHS FoR AFFIDAVITS .............................................................. 40

APPENDIX G: Q.B. RULES oN AFFIDAVITS .........................................................................42

APPENDIX H: AFFIDAVIT (blank) .........................................................................................46

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APPENDIX I: SAMPLE AFFIDAVIT (completed form)..................................................... 47

APPENDIX J: AFFIDAVIT oF SERVICE (blank) ...................................................................51

APPENDIX K: SAMPLE AFFIDAVIT oF SERVICE (completed form) ............................. 52

APPENDIX L: ACKNoWLEDGEMENT oF SERVICE (blank) ........................................... 53

APPENDIX M: SAMPLE ACKNoWLEDGEMENT oF SERVICE (completed form) .......54

APPENDIX N: Q.B. RULES oN CASE MANAGEMENT ....................................................... 55

APPENDIX O: REQUISITIoN (blank) ...................................................................................64

APPENDIX P: SAMPLE REQUISITIoN (completed form) ...............................................65

APPENDIX Q: CASE MANAGEMENT INFoRMATIoN STATEMENT (blank) ............... .66

APPENDIX R: SAMPLE CASE MANAGEMENT INFoRMATIoN STATEMENT (completed form) .......................................................................................... .71

APPENDIX S: Q.B. RULES oN PRE-TRIAL CoNFERENCE ................................................. 76

APPENDIX T: Q.B. RULES – MoTIoN/APPLICATIoN BRIEFS ..........................................78

APPENDIX U: MoTIoN BRIEF/APPLICATIoN BRIEF (blank) .......................................... 80

APPENDIX V: SAMPLE MoTIoN/APPLICATIoN BRIEF (completed form) ..................82

APPENDIX W: Q.B. RULES oN CALCULATING TIME .........................................................85

APPENDIX X: Q.B. RULES oN CoURT oRDERS ................................................................ 86

APPENDIX Y: oRDER (FoRM 70N) (blank) ...................................................................... 89

APPENDIX Z: SAMPLE oRDER (completed form) .......................................................... 90

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IntroductionParents are generally responsible for making decisions about their children. Grandparents and other relatives who want to spend time with a child can usually make arrangements with the child’s parents. Sometimes, however, the people involved disagree about the amount, or type, of access that grandparents or other extended family members should have, or even if that access should take place at all.

Disagreements may be the result of difficult family relationships such as parents wishing to separate, divorce or live apart.

What this Guide OffersThis guide is for grandparents who want access to their grandchildren, but for one reason or another, are not being permitted that access. The guide will help grandparents learn about their legal rights, the resources available to them and the process of applying to court to gain access to a child. The guide may also assist other extended family members or others who want to apply for access to a child.

This guide only applies to access applications under The Child and Family Services Act (provincial legislation).

For a Manitoba court to hear a grandparent’s application for access to a grandchild, the child must live in Manitoba.

Throughout this guide are tips and observations contained in these ‘balloons’ from grandparents who have gone through the process of seeking access to their grandchildren. Hopefully, their words will bring other grandparents comfort, hope and some idea of what to expect if they, too, decide to seek access through the legal system.

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What is Meant by AccessThere are many kinds of access grandparents may seek, including the right to:

• visit with the child (ex: weekly visits)

• communicate in other ways (ex: letters, telephone, e-mail)

“Take whatever access the court will grant you or the parent will agree to and build from there. Any contact is good contact.”

• attend and receive information about events (ex: soccer team schedule)

• send gifts

• send or receive photos or information (and receive acknowledgement that the child received the photos/information)

What this guide does Not offerThis guide will not help grandparents seeking access to a child under the Divorce Act.

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Definitions of TermsCertain terms used in this guide may not be familiar to readers. Therefore, the following definitions have been provided for your convenience.

If you come upon a term that you do not understand, please refer to these definitions. While some terms have several meanings, the definitions refer to the meaning as used in this guide.

Definitions:access – being allowed to spend time with the grandchildren at specified times and locations (It may also include things like the right to communicate, to send gifts or to receive information).

affidavit – a sworn, written declaration made before a competent authority, such as a Commissioner for oaths or a Notary Public

affirmation – a serious declaration or promise by a person who does not wish to take an oath

applicant – a grandparent or other person who applies for access to a child

Commissioner for Oaths – a person appointed by the Province of Manitoba, who is authorized to take oaths, affidavits, affirmations or statutory declarations

Court of Queen’s Bench Rules – rules of court, including how to present forms and evidence in court (referred to in this guide as Queen’s Bench Rules)

deponent – a person who gives evidence, in an affidavit/declaration

judge – the person who hears both sides of a case in court, and makes a decision according to the law. Judges are either appointed by the federal [Canadian] government or provincial [Manitoba] government.

judgment – a decision of the court

jurat – the statement at the bottom of an affidavit [SEE DEFINITIoN oF AFFIDAVIT] requiring the name of the person swearing or affirming the evidence (in the affidavit) is true, and where, when, and before whom, the affidavit was sworn

Notary Public – one who is authorized to certify documents and take affidavits, affirmations or declarations for use inside or outside Manitoba

oral hearing – a hearing that allows the applicant to tell the judge about the evidence in person

order of substitutional service – a court order that allows one party to serve (give) legal documents in a different way than the usual method of service

personal service – a way of serving legal documents where someone gives the documents to the other party in person

process server – someone whose job it is to personally serve (give) documents to a person involved in a court action

requisition – a form asking the court to take certain actions

respondent – the person a court action is started against

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Grandparents’ RightsIn December 2006, Manitoba’s Child and Family Services Act was amended to specifically address grandparents’ rights to apply for access. The legislation specifically recognizes that children can benefit from a positive, nurturing relationship with their grandparents. It also outlines possible kinds of access that can be granted and some of the factors the court may consider in deciding whether access is in the child’s best interests.

For Manitoba laws on grandparents’ access and the best interests of the child (sections 78 – 81), see Appendix A on page 25.

DIVORCE ACT - federal laws

Access to children is addressed by both federal (Canada) and provincial (Manitoba) laws. Which law applies depends on the circumstances. When the parents of a child are getting a divorce, the Divorce Act applies. This guide does not cover applications for access made in a divorce proceeding.

For more information on the Divorce Act and how it affects access, visit:

http://laws-lois.justice.gc.ca/PDF/D-3.4.pdf and see Section 16 on ‘custody orders’.

Gaining Access: Without Going To CourtGovernment ResourcesFAMILY CONCILIATION SERVICES

Before taking the matter to court, grandparents should explore the services offered by Family Conciliation Services (a branch of Manitoba Family Services and Consumer Affairs).

These are free services for families experiencing child custody and access issues arising from separation or divorce. Family Conciliation Services can work with the Court of Queen’s Bench and the Provincial Court to find options for grandparents seeking access.

There are Family Conciliation Services offices in Winnipeg, Brandon, Dauphin, Thompson, The Pas and Flin Flon. Phone numbers for these offices are listed on page 24.

FOR THE SAKE OF THE CHILDREN program

In most cases, grandparents considering applying for access in court must first complete the program, For the Sake of the Children. This is an information program that educates participants about the legal and emotional aspects of separation, and the needs of children whose parents are separating. Attendance is mandatory for people who are contesting child custody, access or private guardianship.

It is a six-hour program divided into two three-hour seminars. To register, call the Family Conciliation Services office nearest you. See page 24 for listings. An information session is also available to grandparents who attend For the Sake of the Children who wish to get more in depth information related to their issues.

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Court-Ordered Assessment – formal assessment of the family situation, requested by the court, to help determine what is in the best interests of the children. Parents, grandparents, children, and any others involved, may be interviewed and observed by a trained family evaluator, who then prepares a report for the court to consider. Family evaluators are available through Family Conciliation Services or private evaluators can be obtained on a contract basis.

First Choice Service – a male and female counsellor team from Family Conciliation Services is available to provide a brief confidential evaluation service to help families move through the court system and reach agreement as quickly as possible. The service requires a referral from the court, and although most cases involve parents, First Choice may be used by grandparents and other family members seeking access to a child.

Brief Consultation Service – short-term consultation with parents/grandparents, and the child, to deal with the wishes/concerns of children aged 11 to 17. When the court refers a family, a counsellor meets with the family members individually, assesses concerns of all involved within 10 working days, and provides the court with a report within 25 working days.

Contact InformationFor online information about Family Conciliation Services, visit:

www.gov.mb.ca/fs/childfam/family_conciliation.html, or www.gov.mb.ca (search family conciliation)

For phone numbers (local and toll-free) of Family Conciliation Services offices in Manitoba, see the Resources section of this guide on page 24.

Information and Referral – assessment of a person’s (grandparent’s) needs, to determine if this person will be best helped through Family Conciliation Services, lawyers, the court, or community agencies.

Grandparent Advisor – a Family Conciliation counsellor dedicated to helping grandparents find the best solutions and services when there is disagreement about access to grandchildren. The Grandparent Advisor also coordinates a Grandparent Support Group.

Mediation – an alternative to going to court. Mediators are available at Family Conciliation Services for grandparents, and other family members, who are willing to work together with a trained mediator to help them make decisions about their grandchildren’s needs.

Note: Agreements about access may be made in mediation. once a case is before the court, the judge or master may refer it to mediation at any time during the proceedings.

Gaining Access: If You Have To Go To Court

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Before Deciding to go to Court

You are Going to Court

• Read this guide carefully to learn about the court application process, the Child and Family Services legislation on grandparents’ access and the best interests of the child.

• Consider the impact going to court will have on you, your family and your grandchildren.

• Realize that the court process may take a long time (possibly more than a year).

• Know that going to court may be very costly. It is difficult to predict how high the costs will get. Some out-of-pocket expenses are identified on page 8.

Courts in Manitoba – where to applyThe Court of Queen’s Bench (Family Division) hears most grandparent access applications in Manitoba. In some northern and rural areas, the applications may be heard in Provincial Court.

There is a Court of Queen’s Bench (Family Division) where hearings can take place in the following towns and cities: Brandon, Dauphin, Flin Flon, Portage la Prairie, Selkirk, The Pas, Thompson, Morden, Swan River and Winnipeg. Here is a link to the court locations in Manitoba:

www.manitobacourts.mb.ca/court_locations.html (includes locations of Provincial Court and the Court of Queen’s Bench).

Court rules

The Court of Queen’s Bench Rules are the regulations made under the authority of The Court of Queen’s Bench Act. They set out court procedures and processes in the Court of Queen’s Bench. Throughout this guide, the term Queen’s Bench Rules will be used to refer to the Court of Queen’s Bench Rules.

If an application for grandparent access is made in the Provincial Court, section two of the Provincial Court (Family Division) Rules states that the Queen’s Bench Rules applicable to family proceedings apply to the practice and procedure in the Provincial Court (Family Division).

For more information: you can view the Court of Queen’s Bench Rules online at: www.web2.gov.mb.ca/laws/rules/qbr 1e.php.

You can view the Provincial Court (Family Division) Rules online at: www.web2.gov.mb.ca/laws/regs/pdf/c275-087.88r.pdf.

A grandparent making an application for access in the Provincial Court (Family Division) would list the name and location of the Provincial Court at the top of the documents instead of the name and location of the Court of Queen’s Bench.

*You should read the Queen’s Bench Rules that apply to each step as you proceed with your application.

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Preparing the ApplicationAll applications brought before the Manitoba court must be prepared in a certain way, AND PARTICULAR FoRMS CoNTAINED in the Queen’s Bench Rules MUST BE USED. Some forms are strictly for family matters, while others are used in many other court proceedings. These forms are also found in the Queen’s Bench Rules.

How this guide can helpThis guide can explain the forms that are necessary, and how to file them. However, it cannot tell you what information to include when filling them out. Court staff cannot help you in preparing the forms. It is not simply a matter of filling in the information. There are many things to consider and you could benefit from a lawyer’s professional expertise.

YoU MAY FIND IT IS IN YoUR BEST INTEREST To CoNSULT A LAWYER. A LAWYER CAN PREPARE THE FoRMS IN A WAY THAT BETTER SERVES YoU AND YoUR SITUATIoN.

Access to court formsAll Queen’s Bench forms can be found online and downloaded for free at: www.web2.gov.mb.ca/laws/rules/forms _e.php.

If you want to buy the actual forms, you can order copies from Statutory Publications online at: www.gov.mb.ca/queensprinter/.

You can also call or visit Statutory Publications to buy the forms. Most forms cost $1.

Statutory Publications 20-200 Vaughan Street Winnipeg, Manitoba R3C 1T5

Phone: General office: 204-945-3101 Statutes and regulations: 204-945-3102 Toll free: 1-800-321-1203 Fax: 204 945-7172

Email: statpub@gov.mb.ca

A Step by Step Guide to Applying for Access

• Attend For the Sake of the Children

• Apply for Criminal Record Search Certificate

• Apply for Manitoba Child Abuse Registry Check

STEP 1

• Prepare Court form (documents)

STEP 2

• File documents in Court

STEP 3

• Serve documents on other parties

STEP 4

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Step 1 - Before you Apply to Court• Complete the For the Sake of the Children program and get a Certificate of Attendance.

This is mandatory. You must complete the course.

It may be helpful to your case if you provide a clear criminal record search and a clear child abuse registry check to the court.

• Apply for a Criminal Record Search Certificate (fee - $32.50)

In person at: Bureau of Police Records Public Safety Building 151 Princess Street (at William Avenue) Winnipeg, MB R3C 2Z7

online at: www.winnipeg.ca/police/RC/info_request.stm#crim_record_search

• Apply in person or by mail for a Manitoba Child Abuse Registry Check (fee - $10)

Initial Court Appearance

Hearing

Order

Order

Preparing for Hearing

Application Hearing

File Application Brief

Uncontested Application

Case Conference or Pre-Trail Conference

Court Process

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Child Protection Branch Manitoba Family Services and Consumer Affairs 102-114 Garry Street Winnipeg, MB R3C 1G1 Phone: 204-945-6967 or toll free 1-800-282-8069 TTY: 204-945-4796 or 1-800-855-0511 (Manitoba Relay Service) Email: car@gov.mb.ca By fax: 204-948-2222

When applying in person bring two pieces of identification.

To download the application, go to: www.gov.mb.ca/fs/childfam/child_abuse_registry.html.

For the Sake of the Children: required In most cases, anyone applying for access must complete the For the Sake of the Children parent information program before applying to the court for access. It is in the best interests of the children that everyone involved has accurate information about the many issues regarding children and access to them.

People living within 100 kilometres of Winnipeg or Brandon must attend the program in person. However, those living in, or within 80 kilometres (on all-weather roads) of Dauphin, Flin Flon, Swan River, The Pas or Thompson, may attend the program in person (at the designated location for their area) or view the CDRom version of the program at the same location.

At the end of the program, each participant receives a signed certificate that must be filed in court by 2 p.m. at least two days before the hearing date of the application to seek access.

Exceptions Parties do not have to attend For the Sake of the Children only:

• when access is not opposed

• when all parties consent to the access order

• when a grandparent has attended the program (or a similar program from a different jurisdiction) within the past two years, and it has been approved by a Family Conciliation Services official

• when the judge has waived the requirement to take the program

Even when not required, it is always a good idea for grandparents seeking access to attend this program as early as possible. Ultimately, it can provide them with useful information and possibly help their case.

For Queen’s Bench Rules dealing with attending the For the Sake of the Children program, see Appendix B on page 29.

“Take care of your own health. It’s no good if you aren’t well enough to see your grandkids.”

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Form 4B: Application Cover PageThe set of documents you prepare for filing at court is called an “originating process.” Many of the documents have cover pages. Application cover pages are prepared according to the Queen’s Bench Rules.

To view a sample (blank), see Appendix C on page 34.

Notice of Application: Form 70EAccompanying the cover page is the actual Notice of Application (Form 70E) of the Queen’s Bench Rules. The application sets out what order you would like the court to make.

Be sure to ask the court to have the other party share in the court costs.

To view a sample (blank), see Appendix D on page 35. To view a sample (completed form), see Appendix E on page 37.

once you have filed the Notice of Application in the court, you will get a hearing date and a court file number. ** Again, be sure to ask for court costs in this application.

Affidavit: Form 4DYou must provide an affidavit or affidavits which contain the evidence or the facts you want the court to know. See below for more information.

Step 2 – Preparing Court Forms

Grandparents will benefit from the advice of a lawyer in preparing affidavits.

The affidavit should include information that shows an order for access is in your grandchild’s best interests. The affidavit should also include basic relevant facts about the relationship with your grandchildren and an explanation of what is going on now including what access now exists, what attempts to negotiate have taken place, what kind of access you want, why you want to have access to the child and why it is in the child’s best interests that you have access. The information you give is to support your claim. All information included must be relevant to something in your case. Do not leave out important facts. For example, relevant information might be that last year you looked after the children every Monday evening, but it would be irrelevant or intentionally negative to also say that you did so while their mother was on a weekly date with a person whom you suspect is a drug dealer.

In your affidavit, do not mention things that other people have told you (this is called hearsay), your opinions or argument. If you put things in your affidavit that should not be there, the other party could apply to court to have them removed and you may be ordered to pay towards their costs.

You must swear (or affirm) the information in the affidavit is true in front of a person who is qualified under The Manitoba Evidence Act ( C.C.S.M. c. E150) to take affidavits (usually a Commissioner for oaths).

To read the legislation on taking oaths for affidavits, see Appendix F on page 40. To read the Queen’s Bench Rules on Affidavits, see Appendix G on page 42. To view a sample affidavit (blank), see Appendix H on page 46. To view a sample affidavit (completed form), see Appendix I on page 47.

The full text of The Manitoba Evidence Act C.C.S.M. c. E150 is available at these websites: www.web2.gov.mb.ca/laws/statutes/ccsm/e150e.php www.web2.gov.mb.ca/laws/index.php (Search Manitoba Evidence Act.)

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Number of copies neededAt least three copies of court documents (Notice of Application and Affidavit) are necessary. one is to file in court, one is yours to keep (and bring with you when you return to court) and one will be given to (served) on the other party (parent, or whomever has custody of your grandchild).

You will need additional copies if there are other people to be served. Make sure you have one copy of each document for every person who needs to be served. If your grandchildren are 12 years or older, they will have to be served as well. If available, the children’s birth certificates should also be filed in court.

Filing feesFor filing in the Court of Queen’s Bench, you will pay a non-refundable court fee of $135. You can pay by certified cheque to The Minister of Finance, or by cash or money order.

To see an up-to-date list of all court fees, visit: www.manitobacourts.mb.ca/court_fees.html or call 204-945-0344 in Winnipeg.

You will find a list of all other Manitoba court phone numbers in the Resource section at the end of this guide on page 23.

If you are filing in Winnipeg, you will receive copies of the Case Management pamphlet, which must be served on all parties. The Case Management process is mandatory in Winnipeg. For more about Case Management, see Step 7, page 16. Regardless of where you file, you will receive copies of the For the Sake of the Children parent information program pamphlet.

Step 3 – Filing Documents at Court

Exhibits

Documents called “exhibits” can be attached to the affidavit to provide proof of the statements you made in the affidavit. Examples of exhibits include: a Child Abuse Registry Check, a Criminal Record Search Certificate, a note from the parents or a photograph of an event. When deciding what to provide as an exhibit, follow the same guidelines as for affidavits.

“Reach out to others – attend support groups or counselling, particularly support groups for grandparents. People who aren’t in the same situation often don’t understand what you’re going through.”

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Documents to serve• Notice of Application

(after it is filed in court)

• Affidavit (after it is filed in court)

• For the Sake of the Children pamphlet

• Case Management pamphlet

Who to serve • parents

• guardians

• anyone with access to the child under a court order

• the grandchild who is the subject of the application, if 12 years or older

• anyone else the court says to serve

Serving documents means delivering the documents directly to the person being served. This is generally done by a process server. If you do not have access to a process server, you can ask another adult to serve the documents; however, you cannot serve them yourself.

When to serveThe documents must be served at least 10 days before the hearing date. For the Queen’s Bench Rules on calculating time, see page 85 in the Appendices.

How to serve documents1. Find out the location of the person or

people who must be served, so they can be served by the process server.

“Pay close attention to filing deadlines for court documents and don’t be late!”

The court process for all family motions and hearings occurs on a specific day. When you file your Notice of Application, you will have to choose a Family Motions court date and insert it on the Notice of Application. In Winnipeg, the Family Motions docket is on Tuesday mornings at 9:00 a.m. If your proceeding is outside Winnipeg, at the time you file your Notice of Application, ask the court official about docket dates for Family Motions. Make sure the docket date you choose allows enough time to serve the court documents on the people who need to be served (see Step 4 – Serving Documents). The documents must be served at least 10 days before the scheduled court date as per section 78(3) of The Child and Family Services Act, Appendix A on page 25. Family Motions Court Docket is the first chance for you and the other party to go to court to schedule a hearing, arrange a different day for appearance, arrange deadlines to file affidavits, etc.

Step 4 – Serving Documents

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2. Find a process server. Look in the Yellow Pages under “process servers.”

3. Give the process server:

• a photo of each person to be served (if you have one)

• the Notice of Application and affidavit

• the Affidavit of Service (Form 70I)

• the Acknowledgement of Service (Form 70C)

• For the Sake of the Children pamphlet

• the Case Management pamphlet (if filing in Winnipeg)

4. Ask the process server to:

• serve the person being served with Notice of Application, affidavit, For the Sake of the Children pamphlet and Case Management pamphlet (if filed in Winnipeg)

• ask the person being served to fill out the Acknowledgement of Service (Form 70C). If the parent will not fill out the Acknowledgement of Service, the process server will indicate this in the Affidavit of Service.

• fill out the Affidavit of Service (Form 70I)

5. When you receive these items back from the process server, file them at court, along with your Certificate of Attendance at the For the Sake of the Children program.

6. If the person being served cannot be found, you may apply to the court for an order of ‘substitutional’ service. This will permit you to serve in another way, (ex: by registered mail). This will involve filing a Notice of Motion and the affidavit of the process server (outlining failed attempts to locate the individual). You will also have to appear before a judge or master to present your argument for substitutional service.

To view a sample of Affidavit of Service (blank), see Appendix J on page 51. To view a sample of Affidavit of Service (completed), see Appendix K on page 52. To view a sample of Acknowledgement of Service (blank), see Appendix L on page 53. To view a sample of Acknowledgement of Service (completed), see Appendix M on page 54.

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On the day of Family Motions Court:

• Arrive at the courthouse about 15 minutes early.

• Check the notice board for the list of Family Motions. In Winnipeg, it is on the Main and 2nd floor, old Law Courts Building. The numbered list includes the parties’ names and court file number (see top right-hand corner of your documents).

• Write down the number that your case has been given on the list.

• Go to the courtroom.

Family Motions Court is presided over by a court official (ex: in Winnipeg it is the Family Motions coordinator and in Brandon, it is the master). When you go to the courtroom speak to the court official who you may ask to:

• adjourn the matter

• set a Case Conference date (if a Winnipeg matter is contested)

• set a hearing date, or

• refer the matter to master or stand-by judge

For example:

• If you have not been able to serve all of the parties, you may want to ask for an adjournment to another docket date to allow time for service. Remember to insert the new docket date on the Notice of Application before you serve it.

• If the other party has been properly served but is not present, or if the other party is present, but consents to your application, you may want to ask for time to go before a judge to request that your order be granted.

If the matter is in Winnipeg and it is contested, you may want to ask for a case conference date. You would complete a requisition form (see Step 7 - Case Conference) on page 16. In contested Winnipeg matters, you must go to Case Conference before the matter can be decided by a judge. If the matter is not contested, and the parents agree, then the judge can make a consent order.

Step 5 – First Court AppearanceFamily Motions CourtYour first court appearance will most likely be in Family Motions Court, which is held on Tuesday mornings in Winnipeg. other courts may also have set days when family motions are heard.

“Be patient – the process takes a long time.”

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An uncontested application means there is no opposition to the grandparents’ request for access. If that is the case, a hearing may be scheduled in front of a judge (a master cannot hear it) with the grandparents who filed the application. If the parents do not respond, a judge may decide whether an order for access should be granted to the grandparents. The decision will be based on evidence contained in the affidavit, and what further evidence the judge requests.

Even if no one opposes the application for access, the court will only make an order for access to the grandparents if there is enough evidence showing it is in the best interests of the grandchildren. Please refer to the legal definition of the best interests of the child in Appendix A on page 25. The judge may also make an order for an assessment to determine what is in the best interests of the child.

General notes about court• No food or beverages are allowed in the

courtroom.

• Hats are removed in court.

• No cameras or recording equipment are allowed without previous permission from the court.

• Cell phones and their cameras cannot be used in the courtroom.

• At the Law Courts (408 York Avenue in Winnipeg), security measures include a

metal detector and a bag search by an X-ray machine. other courthouses may also have security measures.

• All must stand when the judge enters or leaves the courtroom.

• In Court of Queen’s Bench, the judge is addressed as “My Lord” or “My Lady”. In provincial court, the judge is addressed as “Your Honour.”

• The master is addressed as “Your Honour.”

Step 6 – Uncontested Applications

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For the Queen’s Bench Rules on Case Management, see Appendix N on page 55. To view a requisition (blank), see Appendix O on page 64. To view a sample requisition (completed form), see Appendix P on page 65. To view a sample of Case Management Information Statement (blank), see Appendix Q on page 66. To view a sample of Case Management Information Statement (completed), see Appendix R on page 71.

Step 7 – Case ConferenceBefore the court will determine an application on a contested basis, the court requires attendance at a case conference. Many access cases are settled at case conference, which is a process managed by a judge that encourages parties (ex: grandparents and parents) to find a solution they can both live with and save themselves the time and expense of a contested hearing.

A requisition (see definition on page 3) must be filed when a case conference is set. In Winnipeg, if the date is set on the Motions List, (see step 5) there are photocopies of requisition forms in the courtroom to complete and give to the Registrar. If you do not set a case conference on the Motions List, you have to phone the Case Management

Coordinator (see Court Locations, Page 23 and 24) to get a date. You must then prepare, file and serve a requisition on the other party at least 14 days before the case conference.

Although the case management system is informal, a Case Management Information Statement must be prepared and filed by 2 p.m. at least two days before the first case conference. At the conference, the issues may be resolved. If not, the judge may ask for more information, refer the parties to mediation, or schedule another case conference. If the parties come to an agreement at the case conference, they prepare a consent order that shows what they actually agreed or consented to.

“Don’t rely on ‘understandings’ – it becomes very complicated if you have to go back to court – better to get all the details confirmed the first time.”

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This step in necessary when contested hearings are not resolved by case conference or pre-trial conference.

If access issues cannot be resolved at a case conference or pre-trial conference, you may request a hearing in court in front of another judge.

The contested hearing date may be scheduled by the judge at a case conference or pre-trial conference or given at a later time.

once a date is given, this information and an Application Brief must be filed and served on the other parties. Note that Form 70R (Motion Brief) is used to prepare an Application Brief. For the Queen’s Bench Rules applying to Motion Briefs/Application Briefs, see Appendix T on page 78.

To view a sample (blank), see Appendix U on page 80. To view a sample (completed), see Appendix V on page 82.

Pre-trial conferenceIf you live outside Winnipeg, you will go through a process similar to case management. However, the meetings are called pre-trial conferences.

A pre-trial conference is like a case conference, with some slight differences:

• If you want a hearing date, you have to go to a pre-trial conference.

• The pre-trial brief must be filed and served at least 20 days before the pre-trial conference.

• Like a case conference, if the parties come to an agreement, they prepare a consent order that accurately reflects what was consented to. All details should be written in the order.

• If parties cannot come to an agreement, a hearing is scheduled where the judge considers evidence and makes a decision.

For the Queen’s Bench Rules on pre-trial conferences, see Appendix S on page 76.

Note: at a case conference or at a pre-trial conference, it is possible (though unusual) for the judge to direct that the case be decided at an oral hearing (trial). The parties would have to appear in court and give their evidence in person on the witness stand (rather than in an affidavit). This guide does not address procedure for a trial. This guide only provides the procedure for an Application Hearing where the evidence is given through an affidavit. In the case of a trial, grandparents will benefit from the advice of a lawyer.

Step 8 – Scheduling the Application Hearing

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An Application Brief tells the judge which issues need to be decided at the contested hearing, and which court documents he or she needs to read before the hearing.

The applicant (grandparent) must file and serve an Application Brief at least four days before the contested hearing date. If the contested hearing date is less than seven days after the hearing date was set, the Application Brief must be filed by 2 p.m., at least two days before the hearing date.

The responding party must file and serve an Application Brief at least two days before the hearing date, except if the hearing date is less

than seven days after the hearing date was set, in which case the Application Brief must be filed by 2 p.m. at least one day before the hearing date.

Note: Ideally, the Certificate of Attendance from the For the Sake of the Children program should be filed as soon as it is received; if not, it must be filed by 2 p.m. at least two days before the hearing date.

For the Queen’s Bench Rules on calculating time, see Appendix W on page 85.

Step 9 – Contested Hearing:Filing requirements for Application Brief

Step 10 – Preparing for the Hearing of Your Access Application• Review all materials that have been filed in

court by all parties.

• Bring them with you to the hearing.

• Think about what information needs to be said in court and write notes as a reminder.

• Arrive early so you can find the courtroom and get familiar with the setting.

• To find out where the courtroom is, check the hearing lists or ask for help from court staff.

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otherwise, the person who filed the application speaks first and explains what he or she is asking the court to order and why. You will be referring to the evidence set out in your affidavit. The parent/guardian (or his/her lawyer) responds; then the grandparent who filed the application responds to those comments. The judge may ask questions of either person.

The case is decided on evidence written in the affidavit and people are not allowed to speak about any new issues. The affidavit is the main or only evidence before the Court. In a court hearing, parties do not speak to one another – they only speak to the judge. When the judge speaks, make careful notes about what the judge says.

Hearing different than case conference Note: When the judge enters or leaves the courtroom, always stand up. If the judge states his/her decision at the hearing, write down the details. If you do not understand any part of the process, stand up and ask questions.

The judge may choose NOT to make a decision at the hearing but to wait until a later date to give a decision.

Court CostsAt the end of the hearing, the judge will decide whether the other party (parent/guardian) should pay any part of your court costs, or whether you should pay any part of the other party’s costs.

Note: If you did not ask for court costs in your application, the judge cannot order the other party to pay your costs.

Step 11 - Representing Yourself in a Contested Hearing

Make sure you arrive at the courtroom before your scheduled time and identify yourself to the clerk.

When the judge enters the courtroom, stand up. Give the judge your name. Tell the judge you are representing yourself. The judge may tell you what to do next.

“When you are in court, stay calm, cool and collected. Keep your evidence organized and be prepared to deal with other parties who may not always be truthful.”

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Step 12 – Preparing the OrderThe order must be filled out properly. If the order is in your favour, you need to prepare the order (ensure that the necessary steps are taken) so that it is filed and signed by the court. The order must correctly and clearly show what was ordered by the judge.

Send copies of the order to other parties for Consent ( agreement ) as to ‘Form’ (acceptable format and all relevant information included).

For the Queen’s Bench Rules on orders, see Appendix X on page 86. To view a sample (blank), see Appendix Y on page 89. To view a sample (completed), see Appendix Z on page 90.

“Just because you have an order does not mean the parent or guardian will obey it. It may also be hard to enforce the order. Consult with a lawyer if this happens.”

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LEGAL AID MANITOBA

Administration Office4th Floor 287 Broadway Winnipeg, MB R3C 0R9 Phone: 204-985-8500 Toll free: 1-800-261-2960 Fax: 204-944-8582 Website: www.legalaid.mb.ca/

Agassiz Law Office416 - 294 Portage Avenue Winnipeg, MB R3C 0B9 Phone: 204-985-5230 Toll free: 1-800-300-2307 Fax: 204-985-5237 (handles criminal and family cases for adults and youth)

More Resources for Legal Information and Assistance

Legal Aid ManitobaGrandparents seeking access to their grandchildren have received help from Legal Aid in the past. Eligibility is based on financial need. Contact one of the following Legal Aid offices to see if you qualify for assistance. You can contact Legal Aid at any of the following:

Somerset Law Office 308 - 294 Portage Avenue Winnipeg MB R3C 0B9 Phone: 204-985-8550 Toll free: 1-800-766-2148 Fax: 204-956-4146 (includes family, criminal, poverty and child protection units)

Winnipeg Law Office 807 - 294 Portage Avenue Winnipeg, MB R3C 0B9 Phone: 204-985-9732 Toll free: 1-800-261-2960 Fax: 204-942-7362 (handles family and criminal cases for adults and youth)

Winnipeg Application Centre300 - 294 Portage Avenue Winnipeg, MB R3C 0B9 Phone: 204-985-8500 (in Winnipeg)

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Law Phone-in and Lawyer Referral ServiceThe Law Phone-In and Lawyer Referral Service provides these services over the phone:

• general legal information, referrals to law-related agencies and, sometimes, referrals to lawyers listed with the program.

• Note: The FIRST HALF-HoUR interview with a referred lawyer is FREE. After that, the client can hire the lawyer (if the lawyer agrees) at a fee to be decided between them.

Contact Information: 204-943-2305 (in Winnipeg), toll free at: 1-800-262-8800 (outside Winnipeg).

If you only want a referral to a lawyer call: 204-943-3602 or email info@communitylegal.mb.ca.

For more information, go to www.communitylegal.mb.ca (Community Legal Education Association).

Legal Help Centre The Legal Help Centre provides referrals, and public legal help, education, and information. It is open Tuesdays and Fridays from 1-5 p.m., for FREE drop-in legal information and referral. For those who qualify, FREE legal advice appointments will be scheduled to take place each Monday and Wednesday from 5:00-8:00 p.m.

THOMPSON Thompson Community Law Centre 3 Station Road Thompson, MB R8N 0N3 Phone: 204-677-1211 Toll free: 1-800-665-0656 Fax: 204-677-1220

DAUPHINParklands Community Law Centre 31 - 3rd Avenue N.E. Dauphin, MB R7N 0Y5 Phone: 204-622-7000 Toll free: 1-800-810-6977 Fax: 204-622-7029

Amisk Community Law Centre 209 Main Street South Dauphin, MB R7N 1K6 Phone: 204-622-4660 Toll free: 1-877-622-4660 Fax: 204-622-4679

BRANDONWestman Community Law Centre 236 - 11th Street Brandon, MB R7A 4J6 Phone: 204-729-3484 Toll free: 1-800-876-7326 Fax: 204-726-1732

THE PASNorthlands Community Law Centre Box 2429, 236 Edwards Avenue The Pas, MB R9A 1M2 Phone: 204-627-4820 Toll free: 1-800-268-9790 Fax: 204-627-4838

Kelsey office Box 1770, 130-3rd Street W The Pas, MB R9A 1L5 Phone: 204-627-4833 Toll free: 1-800-839-7946 Fax: 204-627-4840

Regional offices:Legal Aid Manitoba has six regional offices. They handle family matters, child protection matters and criminal cases for adults and youth.

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Legal Help CentreLower Level, MacNamara North Building 380 Spence Street University of Winnipeg Winnipeg, MB R3B 2E9

For more information, go to www.legalhelpcentre.ca

BRANDON 100 - 1104 Princess Avenue Brandon, MB R7A 0P9 Phone: 204-726-6240 Fax: 204-726-6547

DAUPHIN 114 River Avenue West Dauphin, MB R7N 0J7 Phone: 204-622-2087 Fax: 204-622-2099

FLIN FLON104 - 143 Main Street Flin Flon MB R8A 1K2 Phone: 204-687-1670 Fax: 204-687-1673

MINNEDOSAFor filing documents 70 - 3rd Avenue South West Box 414 Minnedosa, MB R0J 1E0 Phone: 204-867-4722 Fax: 204-867-4720

For Hearings 100 - 1104 Princess Avenue Brandon, MB R7A 0P9 Phone: 204-726-6240 Fax: 204-726-6547

MORDEN301 Wardrop Street Morden, MB R6M 1X6 Phone: 204-822-2882 Fax: 204-822-2883

PORTAGE LA PRAIRIEFor filing documents. 25 Tupper Street North Portage la Prairie, MB R1N 3K1 Phone: 204-239-3383 Fax: 204-239-3402For Hearings 20 - 3rd Street South East Portage la Prairie, MB R1N 1M9 Phone: 204-239-3383 Fax: 204-239-3402

SELKIRK101 - 235 Eaton Avenue Selkirk, MB R1A 0W7 Phone: 204-785-5122 Fax: 204-785-5125

SWAN RIVER201 - 4th Avenue South Box 206 Swan River, MB R0L 1Z0 Phone: 204-734-2252 Fax: 204-734-9544

THE PAS300 - 3rd Street East Box 1259 The Pas MB R9A 1L2 Phone: 204-627-8420 Fax: 204-623-6528

THOMPSON59 Elizabeth Road Box 34 Thompson MB R8N 1X4 Phone: 204-677-6757 Fax: 204-677-6686

VIRDENFilings 232 Wellington Street West Box 1478 Virden, MB R0M 2C0 Phone: 204-748-4288 Fax: 204-748-2980Hearings 100 - 1104 Princess Avenue Brandon, MB R7A 0P9 Phone: 204-726-6240 Fax: 204-726-6547

Court of Queen’s Bench - Court Locations

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Family Conciliation Services2nd Floor - 379 Broadway Winnipeg, MB R3C 0T9 Fax: 204-948-2142 Email: cfsd@gov.mb.ca TTY: 204-945-4796 or Manitoba Relay Service: 1-800-855-0511 Website: www.gov.mb.ca/fs/childfam/ family_conciliation.html

Statutory Publications:Statutory Publications 20 - 200 Vaughan Street Winnipeg, MB R3C 1T5 Phone: 204-945-3101 (general office) Toll free: 1-800-321-1203 (outside Winnipeg – Manitoba only)Fax: 204-945-7172 Email: statpub@gov.mb.ca office Hours Monday - Friday: 8:30 a.m. - 4:30 p.m.

WINNIPEGLaw Courts Building Registry office Main Floor - 408 York Avenue Winnipeg, MB R3C 0P9 Phone: 204-945-0344 Fax: 204-948-2369

WINNIPEG (ST. BONIFACE)227 Provencher Boulevard Winnipeg, MB R2H 0G4 Phone: 204-945-8010 Fax: 204-945-5562

Family Conciliation Services

Winnipeg: 204-945-7236 toll free: 1-800-282-8069 Brandon: 204-726-6336 toll free: 1-800-230-1885 Dauphin: 204-622-2035 toll free: 1-866-355-3494 Thompson: 204-677-6570 toll free: 1-866-677-6713 The Pas: 204-627-8311 toll free: 1-866-443-2292 Flin Flon: 204-687-1700 toll free: 1-866-443-2291 Swan River: 204-734-3491 toll free: 1-888-269-6498

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APPENDIX AAppendix A: Manitoba Laws on Grandparents’ Access

Below are sections 78 to 81 of The Child and Family Services Act which address grandparents’ access.

The Child and Family Services Act (C.C.S.M. c. C80)

Access — purpose of section

78(1) The purpose of this section is

(a) to facilitate relationships between children and their grandparents and other family members, when those relationships are in the child’s best interests;

(b) to recognize, on applications by grandparents for access, that children can benefit from a positive, nurturing relationship with their grandparents; and

(c) to recognize that in exceptional circumstances children can benefit if non-family members are given access.

Access application by grandparent or other family member

78(1.1) Subject to subsection (6), a grandparent, step-parent or other member of a child’s family who does not have a right to apply for access to the child under any other provision of this Act or under a provision of another Act may apply to court for access to the child.

Application for access by others

78(2) Subject to subsection (6), in exceptional circumstances, a person who does not have a right to apply for access to a child under any other provision of this Act or under a provision of another Act may apply to court for access to the child.

Notice

78(3) The person applying under subsection (1.1) or (2) shall give 10 days’ notice of the hearing of the application to

(a) the parents of the child;

(b) the guardian of the child;

(c) the child, if the child is 12 years of age or older;

(d) any person with access to the child under an order of any court; and

(e) any other person that the court directs.

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Court may reduce or dispense with notice

78(3.1) Subsection 77(3) applies, with necessary changes, where notice is required under subsection (3).

Access order

78(4) on an application under this section, a judge may make an order granting an applicant access to a child in such manner, at such times and subject to such conditions as the judge considers to be in the best interests of the child, as determined in accordance with subsection (4.2).

Access provisions

78(4.1) An order for access may include, but is not limited to, provisions requiring that

(a) the child spend specified periods of time, with or without supervision, with the applicant;

(b) the child have the opportunity to have the applicant attend specified activities of the child;

(c) the child be able to receive gifts from, or send gifts to, the applicant, directly or indirectly;

(d) the child be able to receive communications from, or send communications to, the applicant, directly or indirectly, whether orally, in writing, or by another means of communication; or

(e) a specified person provide the applicant with pictures of the child and information about the child’s health, education and welfare.

Child’s best interests

78(4.2) In making an order for access under this section, in addition to considering the best interests criteria set out in subsection 2(1), the court shall consider all relevant matters, including

(a) the mental, emotional and physical needs of the child;

(b) the nature of any pre-existing relationship between the applicant and the child; and

(c) where the application is made by a grandparent, that a child can benefit from a positive, nurturing relationship with a grandparent.

Consent orders

78(5) Where all persons who have received notice of an application under this section consent to the terms of the order, a judge may, without receiving further evidence, make the order consented to.

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Interim order

78(5.1) The court may make an interim order with respect to an application under this section, and the provisions of this section apply, with necessary changes, to the interim order.

No application during placement period

78(6) No application may be made under subsection (1.1) or (2) in relation to a child who is placed for adoption during the period beginning when the child is placed for adoption and ending when an order of adoption is made or the placement is otherwise terminated.

Variation

78(7) The court may on application vary or terminate an order under this section, and the provisions of this section apply with such modifications as the circumstances require to an application under this subsection.

Review of order

78(8) An order under this section may require the parties to return to the court after a specified interval for a review of the provisions of the order, and upon review the court may vary or terminate the order.

Court may direct investigation

79(1) In a proceeding under this Part, and upon being satisfied that it is necessary in order to determine the best interests of the child, a judge or master may direct an investigation into any matter by a person who has had no previous connection with the parties to the proceeding or to whom each party consents.

Refusal to co-operate

79(2) Where the court directs an investigation pursuant to subsection (1) and a party refuses to co-operate with the investigator, the investigator shall so report to the court which may draw any inference therefrom it considers appropriate.

Orders not to molest

80(1) Upon application by a person having lawful care and control of a child, a judge may make an order that a person shall not molest, annoy or harass the child and may require that person to enter into such recognizance, with or without sureties, or to post such bond as the court considers appropriate.

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Interim order

80(2) The court may make an interim order with respect to an application under subsection (1).

Appeals

81 An appeal from an order under this Part lies to the Court of Appeal.

Subsection 2(1) of The Child and Family Services Act describes the best interests of the child as follows:

Best interests

2(1) The best interests of the child shall be the paramount consideration of the director, an authority, the children’s advocate, an agency and a court in all proceedings under this Act affecting a child, other than proceedings to determine whether a child is in need of protection, and in determining best interests the child’s safety and security shall be the primary considerations. After that, all other relevant matters shall be considered, including

(a) the child’s opportunity to have a parent-child relationship as a wanted and needed member within a family structure;

(b) the mental, emotional, physical and educational needs of the child and the appropriate care or treatment, or both, to meet such needs;

(c) the child’s mental, emotional and physical stage of development;

(d) the child’s sense of continuity and need for permanency with the least possible disruption;

(e) the merits and the risks of any plan proposed by the agency that would be caring for the child compared with the merits and the risks of the child returning to or remaining within the family;

(f) the views and preferences of the child where they can reasonably be ascertained;

(g) the effect upon the child of any delay in the final disposition of the proceedings; and

(h) the child’s cultural, linguistic, racial and religious heritage.

For more information, or to read the full text of The Child and Family Services Act C.C.S.M. c. C80, see the following websites:

http://web2.gov.mb.ca/laws/statutes/ccsm/c080e.php http://web2.gov.mb.ca/laws/index.php (Enter “Child and Family Services Act” in the search tool.)

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Definitions

70.24.1(1) In this rule,

“application” includes a petition and a petition for divorce;

“attendance certificate” means a certificate signed by a program official confirming a party’s attendance at the program;

designated location” means a location designated by the government where the program is offered;

“party” means a party to a proceeding but does not include

(a) an agency within the meaning of The Child and Family Services Act,

(b) the Director of Child and Family Services appointed under The Child and Family Services Act, or

(c) the Director of Employment and Income Assistance designated under The Employment and Income Assistance Act;

“program” means the For the Sake of the Children parent information program operated by the government;

“program official” means a person who delivers the program or his or her delegate.

Purpose

70.24.1(2) The purpose of this rule is to promote the best interests of children by providing an information program to persons in dispute over issues respecting children, as set out in subrule (3).

Requirement to attend program

70.24.1(3) Subject to the provisions of this rule, every person residing in an area set out in subrule (8) or (9), who is a party to a proceeding that is in respect of

(a) custody;

(b) access; or

(c) private guardianship under Part VII of The Child and Family Services Act; shall attend the program.

APPENDIX B: Queen’s Bench Rules on Parent Information Program (For the Sake of the Children)

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Proceedings to vary not included

70.24.1(4) Subrule (3) does not apply to a proceeding to vary an order.

When program must be attended

70.24.1(5) A party shall attend the program

(a) before a motion for an interim order is heard by a judge; or

(b) if no motion for an interim order is heard, before an application for a final order is heard by a judge.

Confirmation of attendance

70.24.1(6) A certificate of attendance or the party’s affidavit confirming his or her attendance at the program must be filed no later than 2 p.m. on a day that is at least two days before the hearing date of the motion or application, unless a judge waives the filing deadline.

Excluded proceedings

70.24.1(7) This rule does not apply to the following proceedings:

(a) an inter-jurisdictional proceeding, including a request for return pursuant to The Hague Convention on the Civil Aspects of International Child Abduction;

(b) a proceeding in which the parties are consenting to the order;

(c) a proceeding that is unopposed;

(d) a proceeding in which default in filing an answer has been noted by the registrar.

Mandatory personal attendance in Winnipeg & Brandon areas

70.24.1(8) A party who resides in or within 100 kilometres of

(a) Winnipeg; or

(b) Brandon; shall attend the program and shall do so in person, at the designated location for the area where the party resides.

Mandatory attendance in certain other areas

70.24.1(9) A party who resides in or within 80 kilometres (travelled on all-weather roads) of

(a) Dauphin;

(b) Flin Flon;

(c) Swan River;

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(d) The Pas; or

(e) Thompson; shall attend the program and shall do so

(f) in person, at the designated location for the area where the party resides; or

(g) by viewing the electronic version of the program at the designated location for the area where the party resides.

Order requiring attendance at program

70.24.1(10) Where a person

(a) is a party to a proceeding referred to in subrule (3) but does not reside in an area specified in subrule (8) or (9); or

(b) is a party to a proceeding to vary an order in respect of custody, access or private guardianship, regardless of where the party resides; a judge may, on the motion of a party, or on the judge’s own motion, make an order

(c) requiring a party to attend the program by a specified date; and

(d) specifying the manner of attending the program.

Exemption if program previously attended

70.24.1(11) A party is exempt from attending the program, if the party

(a) attended the program

(i) within the two-year period before the application was filed, or

(ii) if a motion for an interim order is filed after an application is filed, within the two-year period before the motion was filed; and

(b) files a certificate of attendance, or an affidavit confirming his or her attendance at the program, in accordance with subrule (6).

Exemption if program outside Manitoba previously attended

70.24.1(12) A party who attended a comparable program in a jurisdiction outside Manitoba is exempt from attending the program, if

(a) a program official approves the comparable program;

(b) the party attended the comparable program within the time period set out in clause (11)(a); and

(c) the party files the following documents within the time period set out in subrule (6):

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(i) a certificate signed by the program official approving the comparable program,

(ii) an affidavit confirming the party’s attendance at the comparable program.

Deferral, attendance alternative or exemption order

70.24.1(13) In a case of urgency, hardship, or where otherwise appropriate, the judge may, on the request of a party, or on the judge’s own motion, make an order

(a) deferring the requirement that the party attend the program until a specified date, which may be after a motion for interim relief is heard;

(b) requiring the party to attend the program and specifying the manner of attending the program; or

(c) exempting the party from attending the program.

Requesting an order under subrule (13)

70.24.1(14) A party may make a request under subrule (13)

(a) by a motion to a judge;

(b) to a judge at a case conference; or

(c) to a judge at a pre-trial conference.

Consent of parties not required

70.24.1(15) Despite clause 70.24(24)(a) (case conference orders) and clause 70.26(8)(c) (pre-trial conference orders), a judge may make an order under subrule (13) with or without the consent of the parties

Parent information program pamphlet

70.24.1(16) The registrar shall give every party who files an application or a motion in a proceeding to which this rule applies sufficient copies of the program pamphlet approved by the registrar, for service on all other parties.

Serving pamphlet

70.24.1(17) The party who receives the pamphlets from the registrar shall serve the pamphlet on every other party at the same time and in the same manner as the application or motion is served.

Pamphlet given to party

70.24.1(18) If the lawyer of record for a party receives from the court or is served with the program pamphlet, the lawyer shall give a copy of it to the party.

33

Responding party’s failure to attend program

70.24.1(19) The responding party’s failure to attend the program shall not preclude the judge from hearing the other party’s motion or application and the judge may make any order that the judge considers appropriate, including any order under subrule (20).

Failure to attend program

70.24.1(20) A judge may deal with a party’s failure to attend the program, or to follow any other provision of this rule, by making any order that the judge considers appropriate, including any of the following:

(a) requiring the party to attend the program within a specified period of time and in a specified manner;

(b) ordering costs against a party or a party’s lawyer;

(c) refusing to consider the party’s evidence;

(d) suspending the party’s right to submit evidence until the party attends the program;

(e) adjourning, staying or dismissing the proceeding;

(f) striking out all or part of a pleading.

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APPENDIX C: Application Cover Page (Form 4B) (Blank)

FORM 4B

GENERAL HEADING oF DoCUMENTS – APPLICATIoNS

THE QUEEN’S BENCH

________________________CENTRE

BETWEEN: (name) applicant, -and –

(name) respondent

APPLICATIoN UNDER (statutory provision or rule under which the application is made)

(Title of Document)

(Text of Document)

(Where there are more than two parties, a short title showing the names of the first party on each side followed by the words “and others” may be used in a document other than an originating process, pleading, record, order or report.)

35

APPENDIX D:Notice of Application (Blank)

FORM 70E File No. FD________

NoTICE oF APPLICATIoN

THE QUEEN’S BENCH (Family Division)

___________________________Centre

BETWEEN:

(full name), applicant,

-and-

(full name),

respondent

APPLICATIoN UNDER (Statutory provision or rule under which application is made)

NoTICE oF APPLICATIoN

To THE RESPoNDENT (full name and address including postal code)

A LEGAL PRoCEEDING HAS BEEN CoMMENCED by the applicant. The claim made by the applicant appears on the following page.

THIS APPLICATIoN will come on for a hearing before a judge, on ______, ________ (day) (date)at _____________, at __________________________________ (time) (address of court house)

IF YoU WISH To oPPoSE THIS APPLICATIoN, you or a Manitoba lawyer acting for you must appear at the hearing.

IF YoU WISH To PRESENT AFFIDAVIT oR oTHER DoCUMENTARY EVIDENCE To THE CoURT oR To EXAMINE oR CRoSS-EXAMINE WITNESSES oN THE APPLICATIoN, you or your lawyer must serve a copy of the evidence on the applicant’s lawyer or, where the applicant does not have a lawyer, serve it on the applicant, and file it, with proof of service, in the court office where the application is to be heard as soon as possible but not later than 2:00 p.m. on a day that is at least seven days before the hearing.

36

IF YoU FAIL To APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN IN YoUR ABSENCE AND WITHoUT FURTHER NoTICE To YoU.

_________________________________ Issued by __________________________________(date) Registrar

Court of Queen’s Bench_________________Centre ___________________________________________ ___________________________________________ (address)

APPLICATIoN

1. The applicant makes application for: (State the precise relief claimed. If child support is sought, state whether the claim is for an amount of support in the applicable table, an amount for special or extraordinary expenses, or another amount under the guidelines.)

2. The grounds for the application are: (/Specify the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

3. The following documentary evidence will be used at the hearing of the application (List the affidavits or other documentary evidence to be relied on.)

(Where the notice of application is to be served outside Manitoba without a court order, state the facts and the specific provisions of Rule 17 relied on in support of such service.)

___________________________________________ (signature or lawyer)

(Name of lawyer) (Firm name) (Address) (Phone) (Fax) (Email)

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APPENDIX E:Sample of Notice of Application W/Cover Page (Completed]

File No. FD 09-05-0001

THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

IN THE MATTER oF: The Child and Family Services Act, section 78;AND IN THE MATTER oF ASHLEY MOSS, born June 15, 2001

BETWEEN:

GILLIAN GRAND AND GEORGE GRAND Applicants,

- and -

MELISSA MOSS and GERALD GRAND Respondents,

NOTICE OF APPLICATION HEARING DATE: September 29, 2009 at 9:00 a.m.

GILLIAN GRAND and GEORGE GRAND123 Lilac Lane

Winnipeg, ManitobaR3N 2PZ

Tel. (204) 947-9470Fax (204) 942-9420

38

File No. FD 09-05-000

THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

BETWEEN:

GILLIAN GRAND AND GEORGE GRAND Applicants,

- and -

MELISSA MOSS and GERALD GRAND Respondents,

APPLICATION UNDER: Section 78(1) of The Child and Family Services Act

NOTICE OF APPLICATION

TO THE RESPONDENT: MELISSA MOSS, 123 Pine Ridge Road, Winnipeg, MB R3G H7ZAND To THE RESPoNDENT: GERALD GRAND, 123 B. Street, Los Angeles California, U.S.A. 00555

A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicants. The claim made by the applicants appears on the following page.

THIS APPLICATION will come on for a hearing before a judge, on Tuesday, the 29th day of September, 2009 at 10:00 in the forenoon, at the Court House, 408 York Avenue, Winnipeg, Manitoba, R3C 0P9.

IF YOU WISH TO OPPOSE THIS APPLICATION, you or a Manitoba lawyer acting for you must appear at the hearing.

IF YOU WISH TO PRESENT AFFIDAVIT OR OTHER DOCUMENTARY EVIDENCE TO THE COURT OR TO EXAMINE OR CROSS-EXAMINE WITNESSES ON THE APPLICATION, you or your lawyer must serve a copy of the evidence on the applicants’ lawyer or, where the applicants do not have a lawyer, serve it on the applicants, and file it, with proof of service, in the court office where the application is to be heard as soon as possible, but not later than 2:00 p.m. on a day that is at least seven days before the hearing.

39

IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

Issued by __________________________ ________________(date) ____________________ Registrar Court of Queen’s Bench- Winnipeg Centre 100C-408 York Ave. Winnipeg, Manitoba R3C 0P9

APPLICATION

1. The applicants make application for:

a) The child of the Respondent, namely Ashley Moss, born June 1, 2001 to spend specified periods of time with the applicants.

b) The child Ashley Moss be afforded the opportunity once per week to speak on the telephone with the applicants.

c) The child Ashley Moss be allowed to receive gifts from the applicants.

d) An order for costs.

e) For such further and other order as this Honourable Court may deem just.

2. The grounds for the application are:

a) Section 78 of The Child and Family Services Act, C.C.S.M.c.C80

3. The following documentary evidence will be used at the hearing of the application:

a) The Affidavit of GILLIAN GRAND and GEoRGE GRAND sworn the 1st day of August, 2009.

b) Such further and other evidence as this court may allow.

GILLIAN GRAND and GEoRGE GRANDGillian Grand123 Lilac Lane

Winnipeg, ManitobaR3N 2PZ

Tel. (204) 947-9470Fax (204) 942-9420

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APPENDIX F: Taking Oaths for Affidavits

The Manitoba Evidence Act C.C.S.M. c. E150

Affidavit, etc., to be taken within province

62(1) Any oath, affidavit, affirmation, or statutory declaration, for use in the province may be administered, sworn, affirmed, made, or declared, within the province before any of the following persons:

(a) A commissioner for oaths.

(b) The Lieutenant Governor.

(c) The Clerk of the Executive Council of the province.

(d) A justice of the peace in the province.

(e) The judge of any court in the province.

(f) The master, referee, Registrar or deputy registrar of the Court of Queen›s Bench, or the deputy of any of them.

(g) A district registrar, deputy district registrar, or a deputy of a district registrar, of any land titles office in the province, or the Registrar-General under The Real Property Act.

(h) A barrister-at-law or attorney-at-law duly admitted and entitled to practise as such in the province.

(i) A notary public appointed for the province.

(j) The mayor, reeve, or clerk of any municipality, the resident administrator of any local government district, or the secretary-treasurer of any school district or school division, established under The Public Schools Act.

(k) The postmaster of any post office in the province who is appointed under the Canada Post Corporation Act (Canada).

(l) The chief sheriff or any sheriff in the province or the deputy of any of them.

(m) A member of the Royal Canadian Mounted Police Force.

(n) A surveyor authorized to practise under The Land Surveyors Act.

41

Oaths, etc., administered outside province

63(1) An oath, affidavit, affirmation, or statutory declaration administered, sworn, affirmed, or made outside Manitoba before,

(a) a judge;

(b) a justice of the peace;

(c) an officer of a court of justice;

(d) a commissioner for taking affidavits, or other competent authority of a similar nature;

(e) a notary public;

(f) the head of a city, town, village, township, or other municipality;

(g) an officer of any of Her Majesty’s diplomatic or consular services, including an ambassador, envoy, minister, charge d’affaires, counsellor, secretary, attache, consul-general, consul, vice-consul, pro-consul, consular agent, acting consul-general, acting consul, acting vice-consul and acting consular agent;

(h) an officer of the Canadian diplomatic, consular, or representative services, including, in addition to the diplomatic and consular officers mentioned in clause (g), a high commissioner, permanent delegate, acting high commissioner, acting permanent delegate, counsellor, and secretary; or

(i) a Canadian Government Trade Commissioner or an Assistant Canadian Government Trade Commissioner; or

(j) a commissioner authorized by the laws of Manitoba to take affidavits outside Manitoba; exercising his functions or having jurisdiction or authority as such in the place in which it is administered, sworn, affirmed, or made, is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed, or made within Manitoba before a commissioner for oaths appointed under Part II.

42

APPENDIX G: Q.B. Rules on Affidavits

Format

4.07(1) An affidavit used in a proceeding shall,

(a) be in Form 4D;

(b) be expressed in the first person;

(c) state the full name of the deponent and, if the deponent is a party or a lawyer, officer, director, member or employee of a party, shall state that fact;

(d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and

(e) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations.

Contents

4.07(2) An affidavit shall be confined to the statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except where these rules provide otherwise.

Exhibits

4.07(3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and where the exhibit,

(a) is referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;

(b) is referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the lawyer or party who filed the affidavit, unless the court orders otherwise; and

(c) is a document, a copy shall be served with the affidavit, unless it is impractical to do so.

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By two or more deponents

4.07(4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Severally sworn (or affirmed) before me...” may be used.

Contents - applications

39.01(5) An affidavit for use on an application may contain statements of the deponent’s information and belief with respect to facts that are not contentious, if the source of the information and the fact of the belief are specified in the affidavit.

AFFIDAVIT EVIDENCE oN MoTIoNS AND APPLICATIoNS

Subrules 39.01(2) and (3) not applicable

70.20(1) Subrules 39.01(2) and (3) do not apply to a motion or application in a family proceeding.

Time for filing and serving affidavits in support

70.20(2) Where a motion or application in a family proceeding is made on notice, the affidavits on which the motion or application is founded shall be

(a) filed in the court office where the motion or application is to be heard, not later than 2:00 p.m. on a day that is at least 14 days before the hearing date or four days before the date the matter is first returnable before the court; and

(b) served within the time for service of the motion or application under these rules.

Time for filing and serving affidavits in opposition

70.20(3) All affidavits to be used at the hearing in opposition to a motion or application shall be

(a) filed in the court office where the motion or application is to be heard, not later than 2:00 p.m. on a day that is at least seven days before the hearing date; and

(b) served within the time specified in clause (a).

Time for filing and serving affidavits in reply

70.20(4) All affidavits in reply to be used at the hearing shall be

(a) filed in the court office where the motion or application is to be heard, not later than 2:00 p.m. on a day that is at least four days before the hearing date; and

(b) served within the time specified in clause (a).

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Late affidavits

70.20(5) A party who wishes to file an affidavit and has not done so within the time allowed shall

(a) mark the first page of the affidavit, in prominent type, «Late»; and

(b) file the affidavit, together with a motion requesting leave for the late filing, returnable before the presiding judge on the hearing date.

Cross motions

70.20(6) Where a hearing date for a motion has been set, no other motion shall be heard on that hearing date without

(a) the consent of the other party; or

(b) obtaining leave of the court.

Delayed motions deemed abandoned

70.20(7) Where a motion has been filed and a hearing date has not been set within nine months of the date of filing, the motion is deemed to be abandoned, unless leave is granted to extend the time for setting a hearing date.

One affidavit by party

70.20(8) A party to a motion or application is entitled to file one affidavit of the party in support of or in opposition to the motion or application.

Affidavits by non-parties

70.20(9) A party may also file one affidavit from each person who is not a party, without leave, if that person has evidence relevant to the proceeding.

Affidavit responding to new matters

70.20(10) In addition, the party who commenced the motion or application is entitled to file a second affidavit of the party to respond to new matters contained in an affidavit that was filed by a responding party.

Leave required to file additional affidavits

70.20(11) other than the affidavits referred to in subrule (8), (9) or (10), a party to a motion or application is not entitled to file any other affidavits without obtaining leave from a master or a case conference judge or the presiding judge at the hearing.

MoTIoNS To EXPUNGE AFFIDAVIT MATERIAL

45

Master may expunge affidavits

70.21(1) A master may, on motion, expunge all or part of an affidavit to be used on a motion or application in a family proceeding, on the ground that the affidavit or part is scandalous, frivolous, vexatious, irrelevant, repetitive or otherwise not in compliance with the rules.

When motion may be heard

70.21(2) If a case conference is required by these rules, no motion for expungement may be heard until the first case conference has been held.

Motion to expunge affidavit

70.21(3) A party making a motion to expunge under subrule (1) shall

(a) identify in the motion any specific paragraph or portion of a paragraph to be expunged and briefly state his or her reasons; and

(b) file and serve the motion within four days after being served with the affidavit.

Response to motion to expunge

70.21(4) Within three days of the motion being served, the responding party may file and serve a response briefly stating the reasons for opposing the motion to expunge.

Oral argument

70.21(5) oral argument by a party to the motion is not permitted unless the master hearing the motion so directs.

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APPENDIX H: Affidavit (Blank)

(General Heading – Form 4A or 4B)

AFFIDAVIT OF (name)

I, (full name of deponent), of the (City, Town, etc.) of _________________________________,In the Province of ___________________(where the deponent is a party or the lawyer, officer, director, partner, proprietor, member or employee of a party, set out the deponent’s capacity), MAKE oATH AND SAY (or AFFIRM)

1. (Set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact).

SWoRN (or Affirmed) before me )In the (City, Town, etc.) of )_____________________, in the )Province of _________________, ) ___________________________ on (date). ) (signature of deponent) )___________________________ )Commissioner for oaths (or as may be)

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APPENDIX I: Sample Affidavit (Completed)

File No. FD 09-05-0001

THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

IN THE MATTER oF: The Child and Family Services Act, section 78;AND IN THE MATTER oF ASHLEY MOSS, born June 15, 2001

BETWEEN:

GILLIAN GRAND AND GEORGE GRAND Applicants,

- and -

MELISSA MOSS and GERALD GRAND Respondents,

AFFIDAVIT OF GILLIAN GRAND AND GEORGE GRAND

Sworn the 1st day of August, 2009 Hearing Date: Sept. 29, 2009

GILLIAN GRAND and GEORGE GRAND123 Lilac Lane

Winnipeg, ManitobaR3N 2PZ

Tel. (204) 947-9470Fax (204) 942-9420

48

File No. FD 09-05-0001

THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

BETWEEN:

GILLIAN GRAND AND GEORGE GRAND Applicants,

- and -

MELISSA MOSS and GERALD GRAND Respondents,

AFFIDAVIT OF GILLIAN GRAND AND GEORGE GRAND

We, GILLIAN GRAND AND GEoRGE GRAND, of The City of Winnipeg in the Province of Manitoba,

SEVERALLY MAKE oATH AND SAY THAT:

1. We are the Applicants herein and as such have personal knowledge of the matters and facts hereinafter deposed to by us except where same are stated to be based on information and belief and whereas stated we do verily believe to be true.

2. We are the paternal grandparents of Ashley Moss, born June 15, 2001. We are the parents of her biological father, Gerald Grand. Her mother is the respondent Melissa Moss.

4. Gerald and the respondent Melissa Moss began a romantic relationship in July 2000.

5. Melissa informed us in May 2005, and we verily believe it to be true that she ended the relationship in May 2005.

6. During the time that Gerald and Melissa were together, we were a part of their family life and part of our granddaughter Ashley’s life.

7. on Sunday evenings, Gerald, Melissa and Ashley had a standing invitation to dinner at our house and they came over approximately 75 per cent of the time on Sundays during their relationship.

49

8. We also took care of Ashley and were her regular babysitters when Melissa and Gerald wanted to go out or when they both had to work at the same time. This meant that in addition to spending time with her on Sundays, we took care of Ashley for approximately one day per week for about eight hours.

9. We had a very positive relationship with Ashley. We were delighted when we found out Melissa was pregnant and our granddaughter has been a tremendous source of joy in our lives.

10. We believe Ashley enjoyed spending time with us and we believe that we provided a very positive, nurturing, constant environment for her. We have two other grandchildren, Kate, 5 and Tyler, 7, and the three children spent time together at our house.

11. In May of 2005, Melissa moved out of the apartment that she shared with Gerald and moved in with her co-worker and friend, Michael Smith. Melissa took Ashley with her. Gerald agreed that Melissa should retain full custody of Ashley.

12. Gerald moved into our house for two months. During those two months, Melissa brought Ashley to visit us and Gerald.

13. In July of 2005 Gerald moved to Vancouver, saying he wanted to get a fresh start. He is now living in California, is married to a woman named Vanessa, and has a two-year-old son named Brooklyn. Gerald is no longer in contact with Melissa and Ashley and he and Vanessa say they think it is best to let Ashley, Melissa and Michael get on with their lives as they have done. Gerald does not support our efforts to see Ashley or Melissa.

14. Since March of 2005 we have not seen Melissa or Ashley. We have spoken to Melissa on the phone many times and asked if we could arrange a visit, but she says no and has explained that she believes it would be confusing for Ashley, as she considers Michael her father and his parents are a part of her life.

15. We have both attended the “For the Sake of the Children” Program in Winnipeg. our attendance certificates are attached hereto and marked as “Exhibit A” and “Exhibit B”

16. We have suggested to Melissa that we attend mediation together but she has refused.

17. We are both retired school teachers. Neither of us has a criminal record, and we have undergone criminal record checks. our criminal record checks are attached hereto and marked as “Exhibit C” and “Exhibit D”. We have never been listed in the Child Abuse Registry, and our Child Abuse Registry Checks are attached hereto and marked as “Exhibit E” and “Exhibit F”.

18. We do not wish to take on the role of guardian or primary caregivers, we simply want to be grandparents to Ashley.

19. We do not wish to answer or account for the actions of our son Gerald and our claim has nothing to do with him. We do not wish to change or influence the relationship between our son Gerald and his daughter Ashley. We would not try to arrange a visit with him.

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20. We would like Ashley to see her cousins and aunts and uncles and we think it would benefit her to visit our home regularly and know that our family loves her and wants to see her.

21. We wish to play a normal role in our granddaughter’s life and provide some support to her mother in caring for Ashley.

22. We also wish to send her cards on holidays and her birthday and we would like to be able to speak to her on the phone. When we have called in the past to ask about gifts we have sent or tried to speak to Ashley, her Mother Melissa has told us that she thinks it is better if we don’t call or send Ashley anything.

23. Ashley was four years old when we last saw her. She is now eight years old. We are afraid that if we are unable to establish regular visits with her soon, we will lose our connection to her forever.

23. We make this affidavit bona fide and in support of the within application.

Severally SWoRN before me in the City of ________________________________________Winnipeg, in the Province of Gillian Grand Manitoba, on the 1st of August, 2009

_____________________________A Commissioner for oaths in and for ________________________________________the Province of Manitoba. George GrandMy Commission Expires:______

Exhibit Stamp to be used on the back of the “For the Sake of the Children Attendance Certificate” and all other Exhibits mentioned in the affidavit:

This is EXHIBIT “A” referred to in the Affidavit of Gillian Grand and George Grand severally sworn before me at the City of Winnipeg, in the Province of Manitoba, this 1st day of August, 2009.

____________________________ A Commissioner for oaths in and for the Province of Manitoba My Commission Expires:______

Normally the Exhibit Stamp would appear on the front, unless there is not enough room, in which case, it would be on the back.

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APPENDIX J: Affidavit of Service (Blank)

FoRM 70I

AFFIDAVIT OF SERVICE

(Heading as in Form 70A)

AFFIDAVIT oF SERVICE(Recital as in Form 4D)

1. I, ________________________, did on _______________, the __________day of (name)

_________, ___________, personally serve (name of respondent), by delivering to the respondent at (address of respondent) a true copy of (fully describe documents served including content and date filed)

(a) ___________________________________________

(b) ___________________________________________

(c) ___________________________________________

2. At the time of service the respondent completed and signed the acknowledgment endorsed on the petition. The original signed acknowledgment is attached.

(or)

3. At the time of service I requested the respondent to complete and sign the acknowledgment endorsed on the petition, and my request was denied.

4. My means of knowledge of the identity of the respondent are as follows:

(a) _____________________________________________

(b) _____________________________________________

5. To effect service I necessarily travelled _________________kilometres.

(SWoRN , etc. as in Form 4D

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APPENDIX K: Sample Affidavit of Service (Completed)

Form 70I (page 1 of 1)09/08

File No. FD 09-05-0001

THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

BETWEEN:GILLIAN GRAND AND GEORGE GRAND

Applicants,- and -

MELISSA MOSS and GERALD GRAND Respondents,

AFFIDAVIT oF SERVICE

1. I, Laura Lucas , did on , the 12th day of August, 2009, (name)

personally serve Melissa Moss by delivering to the respondent at 123 Pine Ridge Road, (name of respondent), (address of respondent) Winnipeg, Manitoba R3G H7Z

a true copy of (fully describe documents served including content and date filed)

(a) A Notice of Application for Access filed Aug. 1st, 2009 (b) Affidavit of Gillian Grand and George Grand sworn August 1, 2009 (c) Case Management Pamphlet (d) Parent Information Program Pamphlet

2. At the time of service the respondent completed and signed the acknowledgment endorsed on the affidavit. The original signed acknowledgment is attached.

3. My means of knowledge of the identity of the respondent are as follows: (a) Her address was known to me and she verbally confirmed her identity, and (b) Her physical appearance matched the photo of her given to me by the applicant

4. To effect service I necessarily traveled 6 kilometres.

Sworn before me in the }City of } Winnipeg, in the Province of Manitoba, } Lura Lucas Charmaine Commissioner} (Signature of Deponent)

A Commissioner for oaths in and for The Province of Manitoba My Commission expires February 1, 2010

53

APPENDIX L: Acknowedgment of Service (Blank)

FoRM 70C

File No. FD__________

ACKNOWLEDGMENT OF SERVICE

(To be attached to originating process)

I, __________________________________, the respondent in this petition have this day received a copy of the petition. My mailing address for further service of documents is (Insert your address, postal code and telephone number and/or the name, address, postal code and the telephone number of your lawyer.)

______________________________________________

______________________________________________

(date)

_______________________________ ____________________________________Witness (signature) Respondent (signature)

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APPENDIX M: Sample Acknowledgment of Service (Completed)

File No. FD 09-05-0001

THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

BETWEEN:GILLIAN GRAND AND GEORGE GRAND

Applicants,

- and -

MELISSA MOSS and GERALD GRAND Respondents,

ACKNoWLEDGMENT oF SERVICE(To be attached to originating process)

I, Melissa Moss , the respondent in this application have this day received a copy of the notice of application. My mailing address for further service of documents is (Insert your address, postal code and telephone number and/or the name, address, postal code and the telephone number of your lawyer.)

123 Pine Ridge Road, Winnipeg, Manitoba R3G H7Z

August 3, 2009(date)

Peter McEnroe Melissa Moss Witness (signature) Respondent (signature)

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APPENDIX N: Q.B. Rules on Case Management

CASE MANAGEMENT — WINNIPEG CENTRE DEFINITIONS Definitions

70.24(1) In this rule,

“answer” includes a statement of defence; ( “réponse” ) “petitioner” includes an applicant and a plaintiff; ( “requérant” ) “respondent” includes a defendant. ( “intimé” )

APPLICATION OF CASE MANAGEMENT RULES

Application to proceedings in Winnipeg Centre

70.24(2) This rule applies to a proceeding commenced in the Winnipeg Centre on or after November 1, 2002 other than

(a) a proceeding under Part III (child protection) of The Child and Family Services Act;

(b) a proceeding to set aside a protection order under section 11 of The Domestic Violence and Stalking Act;

(c) subject to subrule (4), a proceeding under Part VII (private guardianship and access) of The Child and Family Services Act or under The Adoption Act;

(d) a proceeding under The Reciprocal Enforcement of Maintenance Orders Act or The Inter-jurisdictional Support Orders Act;

(e) a proceeding under Part VI of The Family Maintenance Act;

(f) a proceeding under section 18 or 19 of the Divorce Act (Canada) to vary, rescind or suspend an order of support made under that Act;

(g) in a proceeding in which the only relief sought is a recalculation order;

(h) in a proceeding by the support determination officer seeking an order of financial disclosure, enforcement of such an order or an order that income be imputed to a party;

(i) an application pursuant to the Hague Convention on the Civil Aspects of International Child Abduction in which the return of a child is sought, other than an application directly to court as contemplated by article 29 of the Convention; and

(j) a proceeding to enforce an order for custody pursuant to The Child Custody Enforcement Act, other than an order granting a right of access or visitation to a child.

M.R. 92/2005; 93/2005; 14/2008

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Motion to include excluded proceedings

70.24(3) A party to a proceeding that is excluded from case management under subrule (2) may make a motion to have this rule apply to that proceeding.

Application to contested private guardianship and access proceedings

70.24(4) If a party to a proceeding referred to in clause (2)(c) contests the proceeding, this rule applies to that proceeding.

Application to proceedings commenced before November 1, 2002

70.24(5) This rule applies to a proceeding commenced in the Winnipeg Centre of the family division before November 1, 2002, other than a proceeding referred to in subrule (2), if

(a) the proceeding had been selected by the court for case management before November 1, 2002; or

(b) a party to the proceeding files a requisition with the registrar requesting that this rule apply and a case conference be scheduled.

CASE MANAGEMENT PAMPHLET

Case management pamphlet

70.24(6) The registrar shall give every petitioner in a family proceeding, other than a proceeding under Part III (child protection) of The Child and Family Services Act, sufficient copies of the case management pamphlet prepared by the registrar, for service on each party.

Petitioner serves case management pamphlet

70.24(7) The petitioner shall serve the case management pamphlet on every other party at the same time and in the same manner as the originating process is served.

Case management pamphlet given to party

70.24(8) The lawyer of record for a party who receives from the court, or is served with, the case management pamphlet shall give a copy of it to the party.

RESTRICTING MOTIONS AND APPLICATIONS

No motions or applications heard before first case conference held

70.24(9) No motion or application may be heard until the first case conference has been held, except in a situation of urgency or hardship with leave of a judge.

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SCHEDULING FIRST CASE CONFERENCE

Scheduling first case conference

70.24(10) The first case conference in a proceeding shall be scheduled

(a) on the setting of a hearing date for the first contested motion or first contested application in a proceeding; or

(b) at any time on the request of a party to a proceeding.

M.R. 11/2005

Scheduling case conference if subrule (9) applies

70.24(11) If under subrule (9) a motion or application is heard before the first case conference is held, the first case conference shall be scheduled at the hearing of the motion or application.

M.R. 11/2005

Requisition for case conference filed and served

70.24(12) A party requesting a case conference shall

(a) set a date for the case conference with the registrar and file a requisition for a case conference; and

(b) serve the requisition on the other party at least 14 days before the date of the case conference unless the parties agree to a shorter period of notice.

M.R. 11/2005

Earlier date for case conference

70.24(13) A party may request an earlier date for a case conference by obtaining an earlier date from the registrar then filing and serving a requisition for a case conference at least 14 days before the date.

M.R. 11/2005

CASE MANAGEMENT INFORMATION STATEMENT

Case management information statement for first conference

70.24(14) For the first case conference, each party shall file and serve the appropriate case management information statement, as referred to in subrule (14.01), no later than 2:00 p.m. on a day that is at least two days before the date of the first case conference.

M.R. 11/2005; 69/2010

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Case management information statement forms

70.24(14.01) For the purpose of subrule (14),

(a) in a proceeding, other than a motion to vary a final order, a case management information statement (except motion to vary a final order) (Form 70S.1) shall be filed and served; and

(b) in a proceeding to vary a final order, a case management information statement — motion to vary a final order (Form 70S.2) shall be filed and served.

M.R. 69/2010

Case management information statement for subsequent conference

70.24(14.1) For a subsequent case conference, each party shall file and serve the appropriate case management information statement (Form 70S.1 or Form 70S.2) in accordance with subrule (14), unless the case conference judge otherwise directs.

M.R. 11/2005; 69/2010

70.24(15) Repealed.

M.R. 11/2005; 69/2010

SCHEDULING SUBSEQUENT CASE CONFERENCES

Scheduling a subsequent case conference

70.24(16) A case conference, other than the first case conference, may be scheduled

(a) at any time by a party to the proceeding in accordance with subrule (12); or

(b) at the conclusion of a case conference, at the discretion of the case conference judge.

M.R. 11/2005

ADJOURNING A CASE CONFERENCE

No adjournment if 200 day rule applies

70.24(17) No adjournment shall be allowed with respect to a case conference set down under clause (33)(b) except with leave of a judge obtained at least 14 days before the case conference date.

M.R. 11/2005

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Adjourning first case conference

70.24(18) For the first case conference, a party may, with the consent of the other party, request an adjournment of a case conference, by filing a request for adjournment (Form 70T) at least 14 days before the date of the case conference. The request must set out

(a) the date to which the case conference is requested to be adjourned; and

(b) the circumstances necessitating the request for the adjournment.

M.R. 11/2005

One adjournment of first case conference

70.24(19) A case conference judge may grant only one adjournment of the first case conference, unless there are extraordinary circumstances.

M.R. 11/2005

Adjourning other than first case conference

70.24(20) With respect to adjourning a case conference other than the first one, a party may, with the consent of the other party, request an adjournment by filing a request for adjournment (Form 70T) at least 14 days before the date of the case conference.

M.R. 11/2005

CANCELLING A CASE CONFERENCE

Cancelling a case conference

70.24(21) A case conference may be cancelled by a case conference judge if the matter has been settled, discontinued or determined and the party requesting the cancellation files

(a) the final consent order or other concluding document; or

(b) an undertaking that the final consent order or other concluding document will be filed within 30 days after the date of that case conference.

ATTENDING A CASE CONFERENCE

Personal attendance by parties and lawyers

70.24(22) Each party and the lawyer who proposes to conduct the trial or hearing on the party’s behalf, shall personally attend a case conference unless subrule (23) applies.

Telephone or video conference in extenuating circumstances

70.24(23) In extenuating circumstances, a party or a party’s lawyer may attend a case conference by way of a telephone or video conference if

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(a) facilities for a telephone or video conference are available at the court or provided by a party; and

(b) the telephone or video conference is arranged by the party and notice of the arrangement is given to the other parties and to the court.

POWERS OF CASE CONFERENCE JUDGE

Powers of case conference judge

70.24(24) The case conference judge may do one or more of the following:

(a) make consent orders and hear or dispose of a proceeding or an issue in a proceeding where the proceeding or issue is not contested;

(b) give such directions as the case conference judge considers necessary or advisable for the just, expeditious and cost-effective determination of the proceeding;

(c) adjourn the case conference and any scheduled hearing in accordance with these rules;

(d) repealed, M.R. 11/2005;

(e) set the proceeding down for trial, specify when and by whom the trial record is to be filed or adjourn any scheduled trial;

(f) order the payment of costs by a party or a party’s lawyer and fix the costs.

M.R. 11/2005

Returning documents to parties

70.24(24.1) on the request of a party, any documents made available to the case conference judge shall be returned to the parties after the case conference, except those documents which the parties agree may be retained for the use of the judge who presides at the trial or hearing.

M.R. 76/2007

Failure to follow rules

70.24(25) A case conference judge may deal with a failure to follow any provision of these rules by making any order that the judge considers appropriate, including

(a) an order for costs against a party or a party’s lawyer;

(b) an order staying proceedings;

(c) an order striking out all or part of a pleading; and

(d) an order compelling the attendance of a party or a party’s lawyer at a case conference.

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Reinstatement of pleadings

70.24(26) If an order is made under clause (25)(b) or (c), the party against whom the order is made may make an application by notice of motion to the case conference judge to set aside the order.

CASE CONFERENCE MEMORANDUM

Case conference memorandum

70.24(27) After a case conference, the case conference judge shall issue a memorandum setting out the results of the case conference, including

(a) any orders made or directions given;

(b) the issues that are resolved;

(c) the issues requiring a trial or hearing; and

(d) if the judge schedules a subsequent case conference or a party requests one, the date of the subsequent case conference and the steps to be taken before that case conference.

M.R. 11/2005

Memorandum to be filed and sent out

70.24(28) A memorandum under subrule (27) shall be filed and sent to the parties or their lawyers and, subject to subrule (29), is binding on the parties.

Re-opening of case conference

70.24(29) A party who disputes the accuracy of a memorandum issued under subrule (27) shall, within 14 days after receipt of the memorandum, notify the court and the other party of the objection and may request that the case conference be re-opened to address the matter in dispute, and the case conference judge may re-open the case conference for the purpose of addressing the objection.

Discussions without prejudice

70.24(30) Discussions at a case conference are without prejudice and shall not be referred to in motions or at the trial or hearing of the proceeding, except as disclosed in a memorandum under subrule (27).

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TRIAL

Trial date set at case conference

70.24(30.1) A matter may only be set down for trial at a case conference unless a judge otherwise orders.

M.R. 11/2005

Case conference judge not to preside at trial

70.24(31) A judge who presides at a case conference in a proceeding shall not, except with the consent of the parties, preside at the trial or hearing.

DISMISSING PROCEEDINGS IN CERTAIN CIRCUMSTANCES

Notice of dismissal of proceeding 200 days after filing date

70.24(32) If 200 days after the date the originating process was filed,

(a) a case conference has not been scheduled; or

(b) default has been noted but the proceeding has not been set down for a hearing or a determination by a judge; the registrar shall serve the petitioner, and the respondent if an answer has been filed, with a notice of dismissal as set out in subrule (33).

M.R. 11/2005

Notice of dismissal

70.24(33) The registrar’s notice shall state that an order dismissing the proceeding will be made without further notice unless, within 30 days after the date of the notice, one of the parties

(a) files the final consent order or concluding document disposing of all the issues in the proceeding;

(b) arranges for a case conference date to be set; or

(c) arranges for the matter to be set down for a hearing or a determination by a judge.

M.R. 11/2005

Service of notice

70.24(34) The registrar shall serve the notice by sending it by regular lettermail to

(a) the lawyer of record for the petitioner but if the petitioner is not represented by a lawyer, to the petitioner at his or her address as set out in the court file; and

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(b) if an answer has been filed, to the lawyer of record for the respondent, but if the respondent is not represented by a lawyer, to the respondent at his or her address as set out in the court file.

M.R. 11/2005

Lawyer to serve notice of dismissal on client

70.24(35) A lawyer who is served with a registrar’s notice under subrule (34) shall

(a) immediately serve the notice on his or her client by regular lettermail; and

(b) file proof of service within 14 days after the date the notice was served on the lawyer.

M.R. 11/2005

Order of dismissal

70.24(36) If neither party takes any action under subrule (33) within 30 days after the date of the notice, the registrar shall

(a) make an order dismissing the proceeding without costs; and

(b) serve the order by regular lettermail on the parties who were served with the notice under subrule (34).

M.R. 11/2005

Lawyer to serve dismissal order on client

70.24(37) Subrule (35) applies to a lawyer who is served with a registrar’s dismissal order under clause (36)(b) with necessary changes.

M.R. 11/2005

Judge may set aside dismissal order

70.24(38) A judge may, on motion, set aside a registrar’s dismissal order made under clause (36)(a). M.R. 11/2005

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APPENDIX O: Requisition (Blank)

File No./No de dossier: FDThe Court of Queen’s Bench / Cour du Banc de la Reine

Family Division / Division de la famille Centre / Centre de

Between / Entre :Petitioner/Applicant

Requérant/Demandeur

and / etRespondent

IntiméREQUISITION / RÉQUISITION

Family Proceedings / Instances en matière familiale

To / Destinataire : The Deputy Registrar / Le registraire adjoint

I require you to / Je vous demande de :

q 1. Note default against the Respondent Constater le défaut de l’intimè

q 2. To set this matter down for an oral hearing on Mettre l’affaire au rôle pour une audition orale le

q 3. To set this matter for hearing under Rule 70.16 Mettre l’affaire au rôle pour une audience conformément à la Règle 70.16

q 4. other / Autre : Lawyer’s Name / Nom de l’avocat : Address / Adresse : Phone Number / Numéro de téléphone:

per / par

q 5. Default noted / Défaut constaté

Deputy Registrar / Registraire Adjoint

DATE

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APPENDIX P: Sample Requisition (Completed)

File No./No de dossier: FDTHE COURT OF QUEEN’S BENCH / COUR DU BANC DE LA REINE

Family Division / Division de la famille Winnipeg Centre / Centre de Between / Entre :

GILLIAN GRAND AND GEORGE GRANDPetitioner/Applicants,

Requérant/Demandeur- and / et -

MELISSA MOSS and GERALD GRANDRespondent

IntiméREQUISITION / RÉQUISITION

Family Proceedings / Instances en matière familialeTo / Destinataire : The Deputy Registrar / Le registraire adjoint

I require you to / Je vous demande de :

q 1. Note default against the Respondent Constater le défaut de l’intimè

q 2. To set this matter down for an oral hearing on Mettre l’affaire au rôle pour une audition orale le q 3. To set this matter for hearing under Rule 70.16 Mettre l’affaire au rôle pour une audience conformément à la Règle 70.16

q 4. other / Autre : To set this matter down for a Case Conference on october 12, 2009 at 2:00 p.m. Lawyer’s Name / Nom de l’avocat : Gillian and George Grand Address / Adresse : 123 Lilac Lane, Winnipeg MB Phone Number / Numéro de téléphone: (204) 947-9470

per / par

q 5. Default noted / Défaut constaté

Deputy Registrar / Registraire Adjoint

DA

ü

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APPENDIX Q: Case Management Information Statement (Blank)

FoRM 70S.1

File No. FD

CASE MANAGEMENT INFoRMATIoN STATEMENT (EXCEPT MoTIoN To VARY A FINAL oRDER)

THE QUEEN’S BENCH (FAMILY DIVISIoN)

Centre

BETWEEN: (full name) petitioner/applicant,

– and –

(full name)respondent.

CASE MANAGEMENT INFoRMATIoN STATEMENT(EXCEPT MoTIoN To VARY A FINAL oRDER)

Filed by the (Petitioner/Applicant/Respondent) Case Management Conference Date: (day and date) at (time)

q Lawyer for (Petitioner/Applicant)q Lawyer for Respondent

LAW FIRM ADDRESS

(Lawyer’s name)

Telephone: Fax:

(Where the party acts in person, include the party’s name and address for service, including postal code and telephone number.)

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File No. FD

THE QUEEN’S BENCH (FAMILY DIVISIoN)

Centre

BETWEEN:

(full name)petitioner/applicant,

– and –

(full name)respondent.

CASE MANAGEMENT INFoRMATIoN STATEMENT (EXCEPT MoTIoN To VARY A FINAL oRDER)

PART 1 — PARTIES

Petitioner/Applicant: Respondent:

Current address: Current address:

Lawyer: Lawyer:

PART 2 — PRELIMINARY INFORMATION

1. As applicable, state:

(a)date cohabitation commenced

(b)date of marriage

(c)date of separation

2. The names, ages and birthdates of all children.

3. Are there outstanding motions? If so, provide a brief summary of the relief sought and next motion date.

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4. If a parenting plan is at issue:

(a)have the parties attended the mandatory “For the Sake ofthe Children” parent information program? q yes q no

(b)give particulars of attendance or proposed attendance at“For the Sake of the Children” parent information program.

5. If a declaration of paternity is sought:

(a)has the Director of Child and Family Services been served? q yes q no

(b)has the birth certificate for the child been filed? q yes q no

6. If partition or sale of jointly owned real property is sought, haveall persons or others with registered encumbrances on the title been served? q yes q no

PART 3 — ISSUES WHICH HAVE BEEN RESOLVED

Are any issues resolved? q yes q no If so, specify each issue and the resolution.

PART 4 — ISSUES WHICH REMAIN UNRESOLVED

Identify all unresolved issues raised in the pleadings.

With respect to each issue,

• Give a summary of relevant facts.

• What is this party’s position?

• Identify any proposals for resolution of an issue on either an interim or final basis.

• If relevant to support issues, include calculations which support this party’s position or proposal.

PART 5 — FINANCIAL POSITION OF THE PARTIES

If child support or spousal or commonlaw partner support is at issue, summarize relevant disclosure provided and indicate what further disclosure is required.

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PART 6 — TRIAL READINESS

Complete this Part only when seeking a trial date.

• General Matters

1. Are the pleadings closed?

2. Are the pleadings in final form or will amendments be sought? If so, identify the proposed amendments.

3. Has a trial record been filed?

4. Have all relevant service requirements been satisfied?

5. Are there any contemplated or outstanding motions?

6. Are exams for discovery contemplated? If conducted, are transcripts available?

7. Has document discovery been completed? If not, what continues to be required?

8. If family property is at issue, has a reference to the master for an accounting been completed?

9. How many days are required for trial?

• Witnesses

1. How many witnesses will be called by the petitioner/applicant? For what purpose? Give details if possible, including how long each witness is expected to testify.

2. How many witnesses will be called by the respondent? For what purpose? Give details if possible, including how long each witness is expected to testify.

3. Will there be expert witnesses and if so, are their reports available? on what issues are the experts testifying?

Note the requirements of the following:

• The Manitoba Evidence Act s. 25 (limit of three expert witnesses per party)

• The Manitoba Evidence Act s. 50 (medical reports)

• Court of Queen’s Bench Rule 53.03 (expert witnesses)

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• Courtroom Requirements

1. Is any special equipment required? (ex: audio, visual?)

2. Is an interpreter required?

3. Is security required?

4. Are there any other needs or special courtroom requirements?

Dated:

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APPENDIX R: Sample Case Management Information Statement (Completed)

File No. FD09-05-0001

THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

BETWEEN:

GILLIAN GRAND and GEORGE GRAND, Applicants,

- and –

MELISSA MOSS and GERALD GRAND, Respondents.

CASE MANAGEMENT INFORMATION STATEMENT(EXCEPT MOTION TO VARY A FINAL ORDER)

Filed by the Applicants Case Conference Date: October 12, 2009 at 2:00 p.m.

Applicants

Current Address: 123 Lilac LaneWinnipeg , Manitoba

Phone no. 947-9470

Lawyer: self - represented

Phone no.___________

Fax no. ___________

(where the party acts in person, include the party’s name and address for service, including postal code and telephone number)

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THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

BETWEEN:

GILLIAN GRAND and GEORGE GRAND, Applicants,

- and –

MELISSA MOSS and GERALD GRAND,

Respondents.

CASE MANAGEMENT INFORMATION STATEMENT(EXCEPT MOTION TO VARY A FINAL ORDER)

PART 1 - PARTIES

Applicants: Gillian and George Grand Respondent: Melissa Moss Current address: 123 Lilac Lane Current address: 123 Pine Ridge Road Winnipeg, Manitoba R3N 2P2 Winnipeg, Manitoba R3G H7Z

Respondent: Gerald Grand Current address: 123 B. Street Los Angeles, California USA 00555PART 2 - PRELIMINARY INFORMATION

1. As applicable, state: N/A

(a) date cohabitation commenced:

(b) date of marriage

(c) date of separation

2. The names, ages and birthdates of all children.

Ashley Moss, born June 1, 2001 (age 8)

3. Are there outstanding motions? If so, provide a brief summary of the relief sought and next motion date. No

4. If a parenting plan is at issue:

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(a) have the parties attended the mandatory “For the Sake of the Children” parent information program? q yes q no

(b) give particulars of attendance or proposed attendance at “For the Sake of the Children” parent information program.

5. If a declaration of paternity is sought: N/A

(a) has the Director of Child and Family Services been served? q yes q no

(b) has the birth certificate for the child been filed? q yes q no

6. If partition or sale of jointly owned real property is sought, have all persons or others with registered encumbrances on the title been served? N/A q yes qno

PART 3 - ISSUES WHICH HAVE BEEN RESOLVED

Are any issues resolved? q yes qnoIf so, specify each issue and the resolution.

PART 4 - ISSUES WHICH REMAIN UNRESOLVED

Identify all unresolved issues raised in the pleadings.

Access to Ashley Moss (Physical Access, Telephone Communication, sending gifts)

The applicants are paternal grandparents of Ashley Moss, born June 1, 2001. Ashley’s father, Gerald Grand (the applicant’s son) and Ashley’s mother, Melissa Moss have lived separately since May 2005. Melissa Moss has custody of Ashley and now lives with a new partner. Gerald moved away from Winnipeg shortly after the separation and resides in California. Prior to the separation, the applicants had a positive relationship with Ashley and had frequent regular contact with her, including regular visits and providing child care on a frequent regular basis. Since March 2005, the applicants have not seen Ashley. Melissa has refused to allow the applicants contact with Ashley.

The applicants seek physical access (ie. one day per week and one long weekend per year at their cottage at West Hawk Lake, telephone communication and permission to send gifts to Ashley.) Melissa Moss is opposed. Gerald Grand takes no position.

The applicants are prepared to attend mediation to resolve the issues but Melissa Moss refuses.

ü

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PART 5 - FINANCIAL POSITION OF THE PARTIES N/A

If child support or spousal or common-law partner support is at issue, summarize relevant disclosure provided and indicate what further disclosure is required.

PART 6 - TRIAL READINESS N/A

Complete this Part only when seeking a trial date.

· General Matters

1. Are the pleadings closed?

2. Are the pleadings in final form or will amendments be sought? If so, identify the proposed amendments.

3. Has a trial record been filed?

4. Have all relevant service requirements been satisfied?

5. Are there any contemplated or outstanding motions?

6. Are exams for discovery contemplated? If conducted, are transcripts available?

7. Has document discovery been completed? If not, what continues to be required?

8. If family property is at issue, has a reference to the master for an accounting been completed?

9. How many days are required for trial?

· Witnesses

1. How many witnesses will be called by the petitioner/applicant? For what purpose? Give details if possible, including how long each witness is expected to testify.

2. How many witnesses will be called by the respondent? For what purpose? Give details if possible, including how long each witness is expected to testify.

3. Will there be expert witnesses and if so, are their reports available? on what issues are the experts testifying?

Note the requirements of the following:

• The Manitoba Evidence Act s. 25 (limit of three expert witnesses per party)

• The Manitoba Evidence Act s. 50 (medical reports)

• Court of Queen’s Bench Rule 53.03 (expert witnesses)

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· Courtroom Requirements

1. Is any special equipment required? (ex: audio, visual?)

2. Is an interpreter required?

3. Is security required?

4. Are there any other needs or special courtroom requirements?

Dated: october 8, 2009

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APPENDIX S: Q.B. Rules on Pre-Trial Conferences

PRE-TRIAL CONFERENCES

Rule 50 not applicable

70.26(1) Rule 50 (pre-trial conferences) does not apply to a family proceeding. Exception: if case management applies

70.26(2) This rule does not apply to a family proceeding in the Winnipeg Centre governed by rule 70.24 (case management).

M.R. 92/2005

Exception — certain family proceedings

70.26(2.1) A pre-trial conference is not required

(a) in a proceeding in which the only relief sought is a recalculation order;

(b) in a proceeding by the support determination officer seeking an order of financial disclosure, enforcement of such an order or an order that income be imputed to a party; or

(c) in a proceeding referred to in clause 70.24(2)(i) or (j).

M.R. 92/2005; 14/2008

Initiation of pre-trial conference by a party

70.26(3) A party may initiate a pre-trial conference in a family proceeding at any time by

(a) requesting a date for a pre-trial conference from the registrar;

(b) filing the party’s pre-trial brief (Form 70S.3); and

(c) serving the other parties to the proceeding with the pre-trial brief, immediately after filing it, but in any event, no later than 20 days before the date of the pre-trial conference.

M.R. 69/2010

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Initiation by court

70.26(4) The court may initiate a pre-trial conference at any time, set the time and date for it and direct a party to file a pre-trial brief.

70.26(5) Repealed.

M.R. 69/2010

Service

70.26(6) Not less than 10 days before a pre-trial conference, every other party shall file a pre-trial brief with the court and serve it on the other parties.

Applicable rules

70.26(7) The following subrules respecting case conferences apply, with necessary changes, to pre-trial conferences:

(a) subrules 70.24(22) and (23) (attendance of parties and their lawyers);

(a.1) subrule 70.24(24.1) (returning documents to parties);

(b) subrule 70.24(25) (failure to follow rules);

(c) subrule 70.24(26) (reinstatement of pleadings);

(d) subrule 70.24(27) and (28) (case conference memorandum);

(e) subrule 70.24(29) (re-opening a case conference);

(f) subrule 70.24(30) (discussions without prejudice);

(g) subrule 70.24(31) (case conference judge not to preside at trial).

M.R. 76/2007

Judge’s powers

70.26(8) At a pre-trial conference, the judge may do one or more of the following:

(a) give such directions as the judge considers necessary or advisable for the just, expeditious and cost effective determination of the proceeding;

(b) adjourn the pre-trial conference;

(c) make consent orders and hear or dispose of a proceeding or an issue in a proceeding where the proceeding or issue is not contested;

(d) set the proceeding down for trial, specify when and by whom the trial record is to be filed or adjourn any scheduled trial;

(e) order the payment of costs by a party or a party’s lawyer and fix the costs.

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APPENDIX T:Q.B. RULES – MOTION/APPLICATION BRIEFS

The Queen’s Bench Rules applying to Motion Briefs apply to Application Briefs:

MOTION BRIEFS

Rule 37.08 not applicable

70.22(1) Rule 37.08 (motion briefs) does not apply to a family proceeding.

Exception: recalculation proceedings

70.22(1.1) A motion brief is not required

(a) in a proceeding in which the only relief sought is a recalculation order; or

(b) in a proceeding by the support determination officer seeking an order of financial disclosure, enforcement of such an order or an order that income be imputed to a party.

Moving party’s motion brief

70.22(2) A moving party shall file and serve a motion brief (Form 70R)

(a) at least four days before the hearing date; or

(b) if the hearing date is less than seven days after the date when it was obtained, before 2:00 p.m. on a day that is at least two days before the hearing date.

Responding party’s motion brief

70.22(3) A responding party shall file and serve a motion brief (Form 70R)

(a) at least two days before the hearing date; or

(b) if the hearing date is less than seven days after the date when it was obtained, before 2:00 p.m. on a day that is at least one day before the hearing date.

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Contents of motion brief

70.22(4) The motion brief of each party shall

(a) set out the matters in issue;

(b) include a list of documents to be referred to by either party, including the date of filing and other identifying details;

(c) set out the party’s position on the issues;

(d) include relevant cases and statutory provisions if a specific point of law is to be relied upon; and

(e) include calculations if any of the following are in issue:

(i) child support,

(ii) spousal support,

(iii) remission of arrears.

Waiver of motion brief

70.22(5) The judge or master may, either before or at the hearing of the motion, waive or vary the requirements of this rule where there is insufficient time to comply

APPLICATION BRIEFS AND APPEAL BRIEFS

Application briefs

70.23(1) If an application is contested,

(a) rule 70.22 applies, with necessary changes; and

(b) an application brief is required using Form 70R (motion brief) with necessary changes.

Appeal briefs

70.23(2) If an appeal to a judge is filed, Rule 62 (appeals) applies and an appeal brief is required.

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APPENDIX U: Motion Brief /Application Brief (Blank)

FoRM 70R File No. FD__________

MOTION BRIEF

(Heading as in Form 70A)

MoTIoN BRIEF

A MoTIoN BY ________________is set for hearing on ______________the ________day of ______________for a period of _______________.

1. The contested issues to be determined are: q Non-cohabitation q Exclusive occupation of family home q Parenting arrangements q Partition or sale q joint custody q Postponement of sale q primary care and control q Protective relief including q periods of care and control q prohibition against following q sole custody q prohibition against contact/ q access communication q other (specify): _________________ q prohibition against attendance q Declaration of parentage q driving suspension/disqualification q Child support (section 15(1) of The Domestic q table amount Violence and Stalking Act) q special or extraordinary expenses q set aside protection order q other amount q other (specify): ________________ q Spousal support q Remission of Arrears q Common-law partner support q Financial disclosure q Division of family property q Costs q equal q other (specify) ___________________ q unequal

2. The following material is relevant to the issues and should be read in preparation for the hearing: (Where transcripts of examinations are to be used identify particular questions and answers to be relied upon by page and number.)

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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3. Concise statement of facts. (optional)

4. The position of the _______________________on the contested issue(s) is: (party) (Identify each contested issue in a separate paragraph and state your position on that issue.)

5. q A specific point of law will be argued on this motion and I have attached the authorities on which I intend to rely. I have highlighted those portions of the authorities which are relevant.

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q No specific point of law is intended to be argued and accordingly no authorities are attached.

6. q (Where child support, income determination, s. 7 re child support guideline contributions, undue hardship or quantum of spousal support are in issue.) I have attached to this brief all required calculations including tax calculations where applicable.

7. (Where remission of arrears is in issue:)I have attached all necessary calculations showing the payor’s income situation during any period of time for which remission of arrears is sought; and

A copy of the motion to remit arrears was served on a Director of Field Services, Employment and Income Assistance or his or her authorized representative on ________________. (date)

8. The undersigned does not expect to file any additional material with regard to this motion.

(date) _______________________________________ (signature of lawyer)

(Name of lawyer) (Firm name) (Address) (Phone) (Fax ) (E-mail )

To: (other party’s lawyer)oR To: (other party)

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APPENDIX V: Sample Motion/Application Brief (Completed)

Form 70R (page 2 of 2)09/08

File No. FD09-05-0001

THE QUEEN’S BENCH FAMILY DIVISIONWinnipeg Centre

IN THE MATTER oF: The Child and Family Services Act, section 78;

AND IN THE MATTER oF ASHLEY MOSS, BoRN JUNE 15, 2001

BETWEEN:GILLIAN GRAND and GEORGE GRAND

Applicants,- and -

MELISSA MOSS and GERALD GRAND Respondents,______________________________________________________________________________

APPLICATION BRIEF OF THE APPLICANTSHEARING DATE: DECEMBER 10TH, 2009 AT 9:00 A.M.

______________________________________________________________________________

An APPLICATIoN BY THE APPLICANTS GILLIAN GRAND AND GEORGE GRANDis set for hearing on Thursday ,the 10th day of December, 2009 AT 9:00 A.M. for a period of one hour.

1. The contested issues to be determined are: q Non-cohabitation q Exclusive occupation of family home q Parenting arrangements q Partition or sale q joint custody q Postponement of sale q primary care and control q Protective relief including q periods of care and control q prohibition against following q sole custody q prohibition against contact/ q access communication q other (specify): _________________ q prohibition against attendance q Declaration of parentage q driving suspension/disqualification q Child support (section 15(1) of The Domestic q table amount Violence and Stalking Act) q special or extraordinary expenses q set aside protection order q other amount q other (specify): ________________ q Spousal support q Remission of Arrears

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q Common-law partner support q Financial disclosure q Division of family property q Costs q equal q other (specify) ___________________ q unequal

2. The following material is relevant to the issues and should be read in preparation for the hearing:

The Notice of Application file by the applicants Affidavit of the Applicants The Gillian Grand and George Grand sworn August 1, 2009

Affidavit of Melissa Moss sworn August 5, 2009.

3. Concise statement of facts

1. The Applicants GILLIAN GRAND AND GEoRGE GRAND are the paternal grandparents of Ashley Moss, born June 15, 2001. They are the parents of Ashley’s biological father, Gerald Grand. Ashley’s mother is the respondent Melissa Moss.

2. Gerald and the respondent Melissa Moss began a romantic relationship in July 2000. Melissa ended the relationship in May of 2005.

3. During the time that Gerald and Melissa were together, Gillian and George rand were a part of the family life of Melissa, their son Gerald, and Ashley.

4. Gillian and George Grand also took care of Ashley and were her regular babysitters. In addition to spending time with her on Sundays, Gillian and George Grand took care of Ashley for approximately one day per week for about eight hours.

5. Gillian and George Grand had a very positive relationship with Ashley.

6. Gillian and George Grand believe Ashley enjoyed spending time with them and believe they provided a positive, nurturing, constant environment for her. Gillian and George Grand have two other grandchildren, Kate, 5, and Tyler, 7, and the three children spent time together at the applicants’ house.

7. In May of 2005, Melissa and Ashley moved out of the apartment that they shared with Gerald and moved in with Michael Smith. Gerald agreed that Melissa should retain full custody of Ashley.

8. Gerald is now living in California, is married, and has a two-year-old. Gerald is no longer in contact with Melissa and Ashley and does not wish to be.

9. The applicants have not seen Melissa or Ashley since March of 2005. They have called Melissa on the phone many times and asked to visit, but the respondent has refused, and has explained that she believes it would be confusing for Ashley, as the child considers Melissa’s common-law husband to be her father.

10. The applicants have both attended the “For the Sake of the Children” Program in Winnipeg.

11. The applicants have suggested to Melissa that they attend mediation but she has refused.12. Gillian and George Grand do not wish to take on the role of guardian or primary caregivers, but

simply want to be grandparents to Ashley.

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13. The applicants wish to spend one day per week with their grandchild Ashley Moss and wish to be allowed to spend one long weekend per year with her at their cabin at West Hawk Lake in Manitoba.

14. The applicants wish to speak on the telephone with Ashley once per week.

15. The applicants wish the child Ashley Moss to be allowed to receive gifts from them.

16. The applicants wish to be given the opportunity to spend time with the child without her mother Melissa Moss necessarily being present but recognize that it may be beneficial for Melissa Moss to accompany the child on visits during the first year of the access arrangement.

17. The applicants do not wish to change or influence the relationship between their son Gerald and his daughter Ashley and their visits with Ashley would not include Gerald.

18. The applicants wish to play a normal role in their granddaughter’s life and provide some support to her mother Melissa in caring for Ashley.

19. The applicants are cognizant of the fact that it has been four years since they have seen Ashley and are fearful that further separation will result in a permanent loss of their relationship with her.

4. The position of the Applicants on the contested issue(s) is: That they should be allowed to see their granddaughter Ashley Moss once per week, send cards to her, and speak to her on the phone once per week.

5. o A specific point of law will be argued on this motion and I have attached the authorities on which I intend to rely. I have highlighted those portions of the authorities which are relevant.

The relevant sections of The Child and Family Services Act (s.78 – 81) are attached.

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o No specific point of law is intended to be argued and accordingly no authorities are attached.

6. The undersigned does not expect to file any additional material with regard to this motion.

September 12, 2009 ___________________________________________ Gillian Grand and George Grand

To: Melissa Moss AND To: Gerald Grand123 Pine Ridge Road 123 B StreetWinnipeg, MB R3X H7Z Los Angeles, California, U.S.

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APPENDIX W: Q.B. Rules on Calculating Time

COMPUTATION

3.01 In the computation of time under these rules or an order, except where a contrary intention appears,

(a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used;

(b) where a period of less than seven days is prescribed, holidays shall not be counted;

(c) where the time for doing an act under these rules expires on a holiday, the act may be done on the next day that is not a holiday; and

(d) service of a document, other than an originating process, after 5 p.m., or at any time on a holiday, shall be deemed to have happened on the next day that is not a holiday.

Note: The Queen’s Bench Rules s. 1.03 define holiday as follows:

“holiday” means,

(a) any Saturday or Sunday;

(b) any special holiday proclaimed by the Governor General or the Lieutenant Governor;

(c) New Year’s Day;

(d) Good Friday;

(e) Easter Monday;

(f) Victoria Day;

(g) Canada Day;

(h) Civic Holiday;

(i) Labour Day;

(j) Thanksgiving Day;

(k) Remembrance Day;

(l) Christmas Day;

(m) Boxing Day; and where a holiday falls on a Saturday, the first preceding day which is not a holiday shall be deemed to be a holiday and where a holiday falls on a Sunday the first day following which is not a holiday shall be deemed to be a holiday.

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APPENDIX X: Q.B. Rules on Court Orders

Content of orders

70.31(9) An order, other than a recalculated child support order, shall be in Form 70O (divorce judgment) or 70N (order) and shall include:

(a) the name of the judge or officer who pronounced it;

(b) the date on which it was pronounced;

(c) a preamble setting out the particulars necessary to understand the order, including

(i) the date of the hearing,

(ii) the name of each party who was present and whether he or she was represented by a lawyer,

(iii) the name of each party who was not present and whether he or she was represented by a lawyer,

(iv) whether the parties consent to the order, or a part of it;

(v) the documents filed in support, and

(vi) any undertaking made by a party as a condition of the order;

(d) the statutory provisions or rules under which the relief is granted; and

(e) the names of persons to be served with the order and the manner of service.

You will notice that the Queen’s Bench Form 70N says “using standard clauses, set out relief granted”. This refers to the Automated Family Court order Standard Clauses. Queen’s Bench Rule 70.31(11) (g) makes the use of standard clauses mandatory.

You can find the document that sets out the wording of clauses online at: http://www.manitobacourts.mb.ca/family/autoorder/autoorder.html

Standard clauses required for orders in certain Acts and in the Rules

70.31(11) Subject to subrules (12) and (13), where an order is pronounced under one of the following enactments standard clauses shall be used in the preamble and body of the order:

(g) Part VII of The Child and Family Services Act (private guardianship of the person and access);

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Relevant Queen’s Bench Rules

PREPARING, SIGNING AND SERVING ORDERS

Endorsement by judge or officer on disposition sheet

70.33(2) The terms of every order shall, at the time the order is pronounced, be endorsed on a disposition sheet, and the disposition sheet shall be signed by the judge or officer pronouncing the order unless

(a) the order is signed by the judge or officer at the time the order is pronounced; or

(b) the circumstances make it impractical to do so.

Preparation of draft order

70.33(3) Any party affected by an order may prepare a draft of the order and shall, unless otherwise ordered by the court, send it to all other parties present at the hearing for approval of its form or content, or both.

Approval of form of order required

70.33(4) Unless otherwise ordered by the court, if a party to a proceeding

(a) is represented by a lawyer, the order shall be sent to the party’s lawyer for approval; and

(b) is not represented by a lawyer, the order shall be sent to the party.

Approval of form of order not required

70.33(5) Approval of the form of an order is not required for an order that merely dismisses or adjourns a motion, proceeding or appeal, or allows a party to withdraw a claim for relief, with or without costs.

Signing orders

70.33(6) Subject to subrule (7), every order shall be submitted for the signature of the registrar at the place of hearing unless the judge or officer who pronounced the order

(a) signed it; or

(b) directs that it be signed by the judge or officer who pronounced it.

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Signing of order where party not represented by a lawyer

70.33(7) If a party to a proceeding was not represented by a lawyer, the order shall be submitted to the registrar for the signature of the judge or officer who made it.

Signing of order where form of order approved

70.33(8) Where all the parties at the hearing have approved the form of the order, the party who prepared the order shall

(a) file a copy of the order with the approval as to form, of all parties present at the hearing; and

(b) leave the order with the registrar for signing by the registrar, judge or officer, as the case may be.

Signing of order where approval of form not required

70.33(9) Where approval of the form of an order is not required under subrule (5), the party who prepared the order shall leave it with the registrar.

Signing of order where registrar satisfied

70.33(10) Where the order is to be signed by the registrar and the registrar is satisfied that the order is in proper form, the registrar shall sign the order and return a true copy to the party who left it to be signed.

Signing of order where registrar not satisfied

70.33(11) Where the registrar is not satisfied that the order is in proper form, the order shall be returned unsigned to the party who left it to be signed and the party may

(a) submit the order in proper form and, if required by the registrar, file the approval of the parties to the order in that form, together with a copy of the order; or

(b) arrange to have the order settled and signed by the judge or officer who made it.

Appointment to settle where form of order not approved

70.33(12) Where approval as to form is not received within a reasonable time, a party may obtain an appointment to have the order settled and signed by the judge or officer who made it.

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APPENDIX Y: Order (Form 70N) (Blank)

FoRM 70N File No. FD_______

oRDER

(Heading as in Form 70O)

oRDER(must have one of the titles

in Rule 70.31(7))

(Set out the order in as many consecutively numbered paragraphs as necessary.)

(Preamble: using standard clauses, set out the particulars necessary to understand the order as detailedin Rule 70.31.)

1.0 This matter having proceeded at the __________________at the request of ______________ (address of court house)

2.0 In the presence of:

2.1 --- 2.2 ---

(Body : using standard clauses, set out relief granted and statutory provisions or rules under which relief is granted.)

3.0 THIS CoURT oRDERS/DETERMINES/DECLARES pursuant to___________________ that: (statutory provision or rule)

3.1 ---

3.1.1 --- 3.1.2 --- 3.1.3 ---

_____________________ ___________________________________(date) Judge/Master/Deputy Registrat

(If all or part of the order is by consent the order must include:)

(APPRoVED/CoNSENTED) AS To (FoRM/CoNTENT/FoRM AND CoNTENT) if applicable(name of law firm, if applicable)

(PER):_______________________________________________ (Acting on his/her own behalf, (if applicable, affidavit of execution must be attached)

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APPENDIX Z: Sample Order (Completed)

Form 70N (page 1 of 2)09/08 File No. FD 09-05-0001

THE QUEEN’S BENCH (FAMILY DIVISION)Winnipeg Centre

IN THE MATTER oF: The Child and Family Services Act, section 78;AND IN THE MATTER oF ASHLEY MOSS, born June 15, 2001

BETWEEN:

GILLIAN GRAND AND GEORGE GRAND Applicants,

- and -

MELISSA MOSS and GERALD GRAND Respondents,

FINAL ORDER______________________________________________________________________________

GILLIAN GRAND and GEORGE GRAND123 Lilac Lane

Winnipeg, ManitobaR3N 2PZ

Tel. (204) 947-9470 Fax (204) 942-9420

File No. FD09-05-0001

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THE QUEEN’S BENCH FAMILY DIVISIONWinnipeg Centre

THE HoNoURABLE

(name of judge) (day and date judgment made)

BETWEEN:GILLIAN GRAND AND GEORGE GRAND

Applicants,

- and -

MELISSA MOSS and GERALD GRAND Respondents

FINAL oRDER

1. This matter having proceeded at The Law Courts Complex, 408 York Avenue, Winnipeg, Manitoba, R3C 0P9, at the request of : GILLIAN GRAND AND GEORGE GRAND:

2.0 IN THE PRESENCE oF:

2.1 GILLIAN GRAND 2.2 GEoRGE GRAND 2.3 MELISSA MoSS;

3.0 GERALD GRAND not appearing although served;

4.0 The following documents having been filed in support of this application:

4.1 The Affidavit of Service on MELISSA MoSS 4.2 The Affidavit of Service on GERALD GRAND 4.3 The Affidavit of GILLIAN GRAND and GERALD GRAND sworn August 1, 2009 4.4 The Affidavit of MELISSA MoSS sworn August 5, 2009

5.0 Upon considering the pleadings, material filed, and submissions made in this matter;

6.0 THIS CoURT oRDERS pursuant to The Child and Family Services Act that:

6.1 GILLIAN GRAND AND GEoRGE GRAND have access to ASHLEY MoSS, born June 15, 2001 at the following times and on the following conditions:

6.1.1 one Sunday every month from 10:00 a.m. until 8:00 p.m.;

6.1.2 The August long weekend each year, during which time they are permitted to take Ashley Moss to their cabin at West Hawk Lake, Manitoba;

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6.2 GILLIAN GRAND AND GEoRGE GRAND have the right to forward gifts and correspondence to ASHLEY MoSS, born June 15, 2001 by sending them to MELISSA MoSS;

6.3 GILLIAN GRAND AND GEoRGE GRAND have the right to telephone ASHLEY MoSS, born June 15, 2001 once per week;

6.4 GILLIAN GRAND, GEoRGE GRAND, MELISSA MoSS and GERALD GRAND shall each bear their own costs;

6.5 A copy of this order shall be served upon MELISSA MoSS by regular letter mail addressed to MELISSA MoSS at 123 Pine Ridge Road, Winnipeg, Manitoba R3G H7Z within 20 days of the date of signing;

6.6 A copy of this order shall be served upon GERALD GRAND by regular letter mail addressed to GERALD GRAND at 123 B. Street, Los Angeles, California, U.S.A. 00555 within 20 days of the date of signing.

__________________________ _________________________(date) Judge/Registrar

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