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Courts in Manitoba – where to apply

The 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: web2.gov.mb.ca/laws/rules/qbr1e.php.
 
You can view the Provincial Court (Family Division) Rules online at:
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.

Preparing the Application

All 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 help

This 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 Forms

All Queen’s Bench forms can be found online and downloaded for free at: 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