Where you file your variation application depends on:
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what issue(s) you are applying to deal with;
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where you are;
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where the other party is;
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where the children live (if addressing parenting, or in some cases, child support).
It may also depend on whether or not you are divorced from the other party or whether you were in a common law relationship with the other party as different statutes can apply to married couples and common law couples.
Figuring out which court to apply to can be confusing. Please speak to court staff or a lawyer to get help determining where to make your variation application.
Parenting Issues
If you are applying to change a parenting order – one dealing with decision-making responsibility for a child, parenting time, contact time or interaction, or moving with a child – you generally must file the variation application in the court nearest to where the child lives.
If the child lives outside of Nova Scotia, you will probably have to contact the court nearest them for information about how to make an application there.
Child Support
If you are applying to change or end child support, including special expenses, you will usually file your variation application in the court nearest to where the child lives.
If the other person lives outside of Nova Scotia and you would like to establish or change child support, there may be a cross-border process available to you. This process is referred to as “Divorce Act ISO” (interjurisdictional support orders) in relation to processes under the Divorce Act or “Nova Scotia ISO” (interjurisdictional support orders) in relation to processes under provincial support order law.
Click here to read more about the ISO process.
Spousal Support
Whether or not you can change a spousal support order depends on the facts of your case and the wording in your existing order. It will be helpful for you to speak to a lawyer for advice about your situation.
If you are applying to change or end spousal support, you will usually file your variation application in the court nearest you, or you may be able to file the application in the court nearest to where the other person lives. Please speak to court staff or a lawyer to get help determining where to make your variation application.
If the other person lives outside of Nova Scotia and you would like to establish or change child support, there may be a cross-border process available to you. This process is referred to as “Divorce Act ISO” (interjurisdictional support orders) in relation to processes under the Divorce Act or “Nova Scotia ISO” (interjurisdictional support orders) in relation to processes under provincial support order law.
Click here to read more about the ISO process.