Where you file your court application may depend on:
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what issue(s) you are applying to deal with
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where you live
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where the other party lives
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where the children live
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 application.
Parenting Issues
If you are applying to deal with decision-making responsibility for a child, parenting time, contact time or interaction with a child, or moving with a child, you generally must file the application in the Supreme Court (Family Division) 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 receive child support, with or without special expenses, you will usually file your application in the Supreme Court (Family Division) nearest to where the child lives. You may be able to make a child support application in the court near you no matter where the child is living.
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
If you are applying to receive spousal support, you will usually file your application in the Supreme Court (Family Division) 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 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.