Step 3 – Filing Documents at Court

Number of copies needed

At least three copies of court documents (Notice of Application and Affidavit) are necessary. One is to file in court, one is yours to keep (and bring with you when you return to court) and one will be given to (served) on the other party (parent, or whomever has custody of your grandchild).
 
You will need additional copies if there are other people to be served. Make sure you have one copy of each document for every person who needs to be served. If your grandchildren are 12 years or older, they will have to be served as well. If available, the children’s birth certificates should also be filed in court.

Filing fees

For filing in the Court of Queen’s Bench, you will pay a non-refundable court fee of $135. You can pay by certified cheque to The Minister of Finance, or by cash or money order.
 
To see an up-to-date list of all court fees, visit: www.manitobacourts.mb.ca/court_fees.html or call 204-945-0344 in Winnipeg.
 
You will find a list of all other Manitoba court phone numbers in the Resource section.
 
If you are filing in Winnipeg, you will receive copies of the Case Management pamphlet, which must be served on all parties. The Case Management process is mandatory in Winnipeg. For more about Case Management, see Step 7. Regardless of where you file, you will receive copies of the For the Sake of the Children parent information program pamphlet.

The court process for all family motions and hearings occurs on a specific day

When you file your Notice of Application, you will have to choose a Family Motions court date and insert it on the Notice of Application. In Winnipeg, the Family Motions docket is on Tuesday mornings at 9:00 a.m. If your proceeding is outside Winnipeg, at the time you file your Notice of Application, ask the court official about docket dates for Family Motions. Make sure the docket date you choose allows enough time to serve the court documents on the people who need to be served (see Step 4 – Serving Documents). The documents must be served at least 10 days before the scheduled court date as per section 78(3) of The Child and Family Services Act, Appendix A. Family Motions Court Docket is the first chance for you and the other party to go to court to schedule a hearing, arrange a different day for appearance, arrange deadlines to file affidavits, etc.
 
“Pay close attention to filing deadlines for court documents and don’t be late!”