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Family Justice

Family Law

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Family Law in Manitoba - 2008 Edition

Chapter 1


   
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LEGAL INFORMATION AND LEGAL ADVICE

LEGAL INFORMATION AND LEGAL ADVICE

This booklet contains an overview of family law and the legal system in Manitoba as of February, 2008 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.

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LEGAL ADVICE

How to Find a Lawyer

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.

Legal Aid

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 Application Centre at 300-294 Portage Avenue and at any of the Community Legal Aid offices located throughout Manitoba, or through a private lawyer participating in the plan. Eligible people needing formal legal representation will be referred to a staff lawyer or a participating private lawyer.

If you are employed, the application will cost $25. A person receiving legal aid may make a request for a specific lawyer and when possible, Legal Aid will attempt to accommodate the request. 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.

If you have any questions about Legal Aid Manitoba services, including the hours of operations for the Application Centre, 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.

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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 will give callers legal information over the phone, free of charge.
  • Legal Aid Manitoba’s Application Centre provides legal information, also free of charge, to people going to the Winnipeg Application Centre or the Community Legal Aid Centres. The Winnipeg Application Centre does not provide legal advice.
  • Legal Aid Manitoba
  • 300-294 Portage Avenue
  • Winnipeg MB R3C 0B9
  • Phone: 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.manitoba.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 addresses and phone numbers in this booklet and advising of any new provincial legislation. These updates will be available from:
  • Family Law Branch
  • Manitoba Justice
  • 1230 - 405 Broadway
  • Winnipeg MB R3C 3L6
  • 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.manitoba.ca. Check the Manitoba Justice site for family law updates.

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