Manitoba Justice
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Family Justice
Family Law
Family Law in Manitoba - 2005 Edition
Chapter 1
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Last revised: Spring 2005
LEGAL INFORMATION AND LEGAL ADVICE
This booklet contains an overview of family law and the legal system in Manitoba as of March, 2005 and is intended to provide a basic understanding of family law for anyone who wants or needs to know about it. Chapter 2 outlines the court system, court procedures and alternatives to court. Chapters 3 through 15 each cover a major legal topic in a general way without focusing on the rights of any particular family member or kind of family.
Throughout the booklet you will find names, addresses, phone and fax numbers, e-mail addresses and websites you may need. These are summarized in Chapter 16.
It is important to understand that this booklet provides general information only. How the law affects any person will depend on the facts of each case. Also, family law changes from time to time as both federal and provincial governments make new laws (legislation: acts and regulations) and the courts make decisions in cases that affect the law (the common law). If you have a legal problem or need specific advice, it is best to consult a lawyer who practises family law.
Legal Advice
Lawyers are listed in the Yellow Pages of the phone book, and it may be helpful to ask family or friends to recommend a lawyer with a family law practice. The Law Phone-in and Lawyer Referral Program operated by the Community Legal Education Association (CLEA) will refer you to a lawyer who practises family law and who will give you a free half-hour preliminary consultation. After the consultation, you do not have to hire the lawyer if you are not comfortable with him or her.
Community Legal Education Association
501 - 294 Portage Avenue
Winnipeg MB R3C 0B9
943-2305
Toll-free: 1-800-262-8800
website: www.communitylegal.mb.ca
If you cannot afford to hire a lawyer, Legal Aid Manitoba may be able to help. All or part of your legal costs may be paid, depending on your financial position, the type of case and the merits of the case. Applications may be made at the Legal Aid Manitoba Winnipeg Drop-In Centre in Room 416-294 Portage Avenue and at any of the Community Legal Aid offices located throughout Manitoba, or through a private lawyer participating in the plan.
If you are employed, the application will cost $25. A person receiving help from legal aid Manitoba may choose a legal aid staff lawyer or any private lawyer who participates in the Manitoba legal aid plan to act on his or her behalf. If a person needs a lawyer for a case outside Manitoba, it may be possible for Legal Aid Manitoba to help obtain such a lawyer.
Legal Aid Manitoba also gives advice, information and legal assistance on a drop-in basis through staff lawyers at the Legal Aid Manitoba Drop-In Centre in Winnipeg and at the Community Legal Aid offices outside Winnipeg. Eligible persons needing formal legal representation will be referred to a staff lawyer or a participating private lawyer.
If you have any questions about Legal Aid Manitoba services, including the hours of operations for the drop-in service, you can call 985-8500 in Winnipeg or toll free outside Winnipeg at 1-800-261-2960 or visit Legal Aid Manitoba’s website at www.legalaid.mb.ca.
All Legal Aid Manitoba offices, and their telephone numbers, are listed in Chapter 16, Important Addresses and Phone Numbers.
Legal Information
Only a lawyer can give legal advice. However, you can contact other resources to get legal information or to update the information in this booklet.
- The Law Phone-in and Lawyer Referral Program discussed above will give callers legal information over the phone, free of charge.
Community Legal Education Association
501 - 294 Portage Avenue
Winnipeg MB R3C 0B9
943-2305
Toll-free: 1-800-262-8800
website: www.communitylegal.mb.ca
- Legal Aid Manitoba's drop-in service discussed above provides legal information, also free of charge, to persons going to the Winnipeg Drop-In Centre or the Community Legal Aid Centres.
Legal Aid Manitoba
402 - 294 Portage Avenue
Winnipeg MB R3C 0B9
985-8500
Toll-free: 1-800-261-2960
- To buy copies of Manitoba government legislation, contact:
Statutory Publications
200 Vaughan Street Winnipeg MB R3C 1T5
Phone: 945-3101
Fax: 945-7172
Toll-free: 1-800-321-1203
- Manitoba laws (statutes or acts and regulations) can be found on the Internet at www.gov.mb.ca/laws
- Federal government legislation is also available on the Internet at the Justice Canada website. Go to: www.canada.justice.gc.ca and click on laws.
- To buy copies of federal government legislation, contact the federal government department that published the act or regulation.
- For other federal government publications, contact:
Publishing and Depository Services
Public Works and Government Services
Canada
Ottawa ON K1A 0S5
Toll free: 1-800-661-2868
- The Family Law Branch may, from time to time, prepare information sheets updating the address and phone numbers in this booklet and advising of any new provincial legislation. These updates will be available from:
Family Law Branch
Manitoba Justice
705 - 405 Broadway
Winnipeg MB R3C 3C6
Phone: 945-0268
Fax: 948-2004
Toll-free: 1-800-282-8069 (Ext. 0268)
- More information may be available on the Manitoba government's website: www.gov.mb.ca. Check the Manitoba Justice site for family law updates.
