Where do I file my application?

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Where you file your court application may depend on:

  • what issue(s) you are applying to deal with
  • where you are
  • where the other party is
  • 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 (custody, parenting time, contact time, interaction, moving with a child)

If you are applying to deal with custody of a child, parenting time, contact time or interaction with a child, or moving with a child, you generally must file the 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 receive child support, with or without special expenses, you will usually file your application in the court nearest to where the child lives. If you live in Halifax, Sydney or Port Hawkesbury, you may be able to make a child support application in the court near you no matter where the child is living.

If you were never married to the other person, or are married and separated with no divorce ever started, and the other party lives outside of Nova Scotia, you may have to use a different type of application process.  These applications are called ‘ISO’ applications. ISO stands for ‘Interjurisdictional Support Orders’ and is the process often used to address support issues when the parties live in different provinces or territories and are not applying for an order under the Federal Divorce Act.

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.

Spousal Support

Whether or not you would likely receive an order for spousal support depends on the facts of your case. It will be helpful for you to speak to a lawyer for advice about your situation.

If you are applying to receive spousal support, you will usually file your 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 application.

If you were never married to the other person, or are married and separated with no divorce ever started, and the other party lives outside of Nova Scotia, you may have to use a different type of application process to apply for an order. These applications are called ‘ISO’ applications. ISO stands for ‘Interjurisdictional Support Orders’ and is the process often used to address support issues when the parties live in different provinces or territories and are not applying for an order under the Federal Divorce Act.