Family Court in Manitoba: What Survivors Need to Know (Custody, Access, Support)

In Manitoba, the legal landscape for families is governed by the provincial Family Law Act and the federal Divorce Act. Both acts were modernized recently to prioritize the safety of children and survivors.

Navigating the system now often starts with the Family Resolution Service, a single point of contact designed to help families resolve issues out of court—but knowing your rights as a survivor is critical to ensure you aren't forced into unsafe mediation.

1. New Terminology: "Custody" is Gone

Manitoba law no longer uses the terms "custody" and "access" in court orders. This change reduces the "winner vs. loser" mentality. The new terms are:

• Decision-Making Responsibility: The right to make major decisions about the child's health, education, religion, and well-being.

• Parenting Time: The time a child is in the care of a parent. This can be a specific schedule or "reasonable" time.

• Contact: Time spent with someone who is not a parent (like a grandparent).

Important: In cases of family violence, the court can order that you have Sole Decision-Making Responsibility so you do not have to negotiate with your abuser on every medical or school decision.

2. Protection Orders (Domestic Violence and Stalking Act)

Manitoba has one of the most accessible protection order systems in Canada. You do not need a lawyer to apply.

• Protection Order (formerly Prevention Order):

  • What it is: An urgent civil order granted by a Judicial Justice of the Peace (JJP).

  • Process: You can apply by phone or in person without your partner knowing (ex parte).

  • What it does: It can forbid your partner from contacting you, coming to your home/work/school, or following you. It can also grant you temporary possession of necessary personal items.

  • Enforcement: Breaching this order is a criminal offense.

3. The Family Resolution Service & Safety Screening

Manitoba now directs most families to the Family Resolution Service (FRS).

• Family Guides: You will likely be assigned a "Family Guide." It is vital that you tell them immediately about any history of domestic violence.

• Mediation Exemption: While the system encourages mediation, mediation is NOT appropriate where there is a power imbalance or fear of violence. If you disclose violence, the Family Guide should direct you to a safer court process or specialized support, rather than forcing you to face your abuser in a mediation room.

4. Mandatory Course: "For the Sake of the Children"

Manitoba requires parents to complete the For the Sake of the Children online course.

• Safety Tip: You do not have to take this course with your ex-partner. It is an online module you complete individually.

• Content: The course covers the impact of conflict on children. It validates that high-conflict (abusive) situations require different parenting plans (e.g., parallel parenting) than amicable separations.

5. Financial Support & Housing

• Child Support: Based on the payor’s gross income. The Child Support Service can often calculate this administratively without you needing to go before a judge.

• Spousal Support: Determined by the length of the relationship and income difference.

• The Family Home: Under The Family Property Act, you can apply for an order for exclusive possession of the family home, regardless of whose name is on the title. This is often crucial to prevent homelessness for you and the children.

Frequently Asked Questions (FAQ)

Q1: Do I need a lawyer to get a Protection Order?

No. The process is designed for people without lawyers. Victim Services workers can assist you in filling out the forms. However, if your partner applies to "set aside" (cancel) the order later, it is highly recommended to get legal advice.

Q2: What acts count as "Domestic Violence" in Manitoba?

It is broad. Under the Domestic Violence and Stalking Act, it includes:

• Physical assault or forcible confinement.

• Threats to cause bodily harm.

• Stalking (following you, repeated contacting).

• Damage to your property.

• Patterns of threatening behavior that make you reasonably fear for your safety.

Q3: Can I move the kids to another town?

Not automatically. If you want to move the children in a way that impacts the other parent's time (Relocation), you generally must give 60 days' notice. However, if you are fleeing violence, the court can waive this notice or grant an urgent order. Do not just leave permanently without legal advice, or you could be ordered to return.

Q4: Will Legal Aid Manitoba help me?

Likely, yes. Legal Aid Manitoba prioritizes cases involving domestic violence. If you are a survivor, you may qualify for representation even if you might not for a simple divorce.

Q5: My ex follows me but never hits me. Can I get help?

Yes. Stalking is a specific ground for a Protection Order in Manitoba. You do not need to wait for physical violence to occur. Keep a log of all incidents (dates, times, locations) to show the JJP.

Q6: What is the "Child Support Service"?

It is an administrative service that calculates or recalculates child support based on tax returns. This is helpful for survivors because it avoids a confrontation in court just to adjust support payments.

References & Resources

• Manitoba Justice - Victim Services: 1-866-484-2846 (Help with Protection Orders).

• Domestic Violence Crisis Line: 1-877-977-0007 (24/7).

• Family Resolution Service: 1-844-808-2313.

• Legal Aid Manitoba: 1-800-261-2960.

• Legislation: The Family Law Act (Manitoba), The Domestic Violence and Stalking Act.