Step 4 – Serving Documents

Documents to serve

  • Notice of Application (after it is filed in court)
  • Affidavit (after it is filed in court)
  • For the Sake of the Children pamphlet
  • Case Management pamphlet

Who to serve

  • parents
  • guardians
  • anyone with access to the child under a court order
  • the grandchild who is the subject of the application, if 12 years or older
  • anyone else the court says to serve
Serving documents means delivering the documents directly to the person being served. This is generally done by a process server. If you do not have access to a process server, you can ask another adult to serve the documents; however, you cannot serve them yourself.

When to serve

The documents must be served at least 10 days before the hearing date. For the Queen’s Bench Rules on calculating time.

How to serve documents

  1. Find out the location of the person or people who must be served, so they can be served by the process server.
  2. Find a process server. Look in the Yellow Pages under “process servers.”
  3. Give the process server:
    • a photo of each person to be served (if you have one)
    • the Notice of Application and affidavit
    • the Affidavit of Service (Form 70I)
    • the Acknowledgement of Service (Form 70C)
    • For the Sake of the Children pamphlet
    • the Case Management pamphlet (if filing in Winnipeg)
  4. Ask the process server to:
    • serve the person being served with Notice of Application, affidavit, For the Sake of the Children pamphlet (PDF 736 KB) and Case Management pamphlet (if filed in Winnipeg)
    • ask the person being served to fill out the Acknowledgement of Service (Form 70C). If the parent will not fill out the Acknowledgement of Service, the process server will indicate this in the Affidavit of Service.
    • fill out the Affidavit of Service (Form 70I)
  5. When you receive these items back from the process server, file them at court, along with your Certificate of Attendance at the For the Sake of the Children program.
  6. If the person being served cannot be found, you may apply to the court for an order of ‘substitutional’ service. This will permit you to serve in another way, (ex: by registered mail). This will involve filing a Notice of Motion and the affidavit of the process server (outlining failed attempts to locate the individual). You will also have to appear before a judge or master to present your argument for substitutional service.
To view a sample of Affidavit of Service (blank), see Appendix J.
To view a sample of Affidavit of Service (completed), see Appendix K.
To view a sample of Acknowledgement of Service (blank), see Appendix L.
To view a sample of Acknowledgement of Service (completed), see Appendix M.