Step 2 – Preparing Court Forms

Form 4B: Application Cover Page

The set of documents you prepare for filing at court is called an “originating process.” Many of the documents have cover pages. Application cover pages are prepared according to the Queen’s Bench Rules.
 
To view a sample (blank), see Appendix C.

Notice of Application: Form 70E

Accompanying the cover page is the actual Notice of Application (Form 70E) of the Queen’s Bench Rules. The application sets out what order you would like the court to make.
 
Be sure to ask the court to have the other party share in the court costs.
 
To view a sample (blank), see Appendix D.
 
To view a sample (completed form), see Appendix E.
 
Once you have filed the Notice of Application in the court, you will get a hearing date and a court file number. ** Again, be sure to ask for court costs in this application.

Affidavit: Form 4D

You must provide an affidavit or affidavits which contain the evidence or the facts you want the court to know. See below for more information.

Grandparents will benefit from the advice of a lawyer in preparing affidavits.

The affidavit should include information that shows an order for access is in your grandchild’s best interests. The affidavit should also include basic relevant facts about the relationship with your grandchildren and an explanation of what is going on now including what access now exists, what attempts to negotiate have taken place, what kind of access you want, why you want to have access to the child and why it is in the child’s best interests that you have access. The information you give is to support your claim. All information included must be relevant to something in your case. Do not leave out important facts. For example, relevant information might be that last year you looked after the children every Monday evening, but it would be irrelevant or intentionally negative to also say that you did so while their mother was on a weekly date with a person whom you suspect is a drug dealer.
 
In your affidavit, do not mention things that other people have told you (this is called hearsay), your opinions or argument. If you put things in your affidavit that should not be there, the other party could apply to court to have them removed and you may be ordered to pay towards their costs.
 
You must swear (or affirm) the information in the affidavit is true in front of a person who is qualified under The Manitoba Evidence Act (C.C.S.M. c. E150) to take affidavits (usually a Commissioner for Oaths).
 
To read the legislation on taking oaths for affidavits, see Appendix F.
To read the Queen’s Bench Rules on Affidavits, see Appendix G.
To view a sample affidavit (blank), see Appendix H.
To view a sample affidavit (completed form), see Appendix I.
 
The full text of The Manitoba Evidence Act C.C.S.M. c. E150 is available at these websites:
web2.gov.mb.ca/laws/statutes/ccsm/e150e.php
web2.gov.mb.ca/laws/index.php (Search Manitoba Evidence Act.)

Exhibits

Documents called “exhibits” can be attached to the affidavit to provide proof of the statements you made in the affidavit. Examples of exhibits include: a Child Abuse Registry Check, a Criminal Record Search Certificate, a note from the parents or a photograph of an event. When deciding what to provide as an exhibit, follow the same guidelines as for affidavits.
 
“Reach out to others – attend support groups or counselling, particularly support groups for grandparents. People who aren’t in the same situation often don’t understand what you’re going through.”