New Brunswick

Canada – New Brunswick

Contact

Court of Queens Bench
Judicial District of Woodstock
Family Support Order Services
689 Main Street POB 5001
Woodstock, NB E7M 5C6

Tel: 506-325-4414
Fax: 506-325-4484

www.gnb.ca

Overview

U.S. Federally Declared Foreign Reciprocating Country – Effective February 1, 2004.

Web Link to Forms and Procedures

http://www.acf.hhs.gov/programs/cse/

Relevant Laws

Enforcement measures in your country

Make payment order to income source;
Make order for security for up to 3 months of support obligation;
Required to pay or to file a financial statement in Court;
Required to pay or to appear before the judge or a Court administrative to determine the payors ability to pay;
Register a lien against property;
Point of a receiver to collect any money that is owed or payable to the payor;
The Court may order the payor to serve a term in jail (90 days);
Take steps to deny, suspend, or cancel federal licences (such ass passport, pilot licences & fishing boat licences);
Issue orders for seizure and sale;
Garnishment of money owed to the payor.

Law relating to:
Q: Duration of maintenance obligation:?
A: Until age of majority or as long as the child is still dependent.

Q: Limitations on actions to establish and enforce maintenance decisions, including collection of arrears:?
A: They have no legislation for limitation.

Q: Variation of maintenance obligation:
A: Registered order can be varied in same way it is in N.-B. under the ISO Act which will be in effect on February 1, 2004

Q: List any fees or costs to the Initiating Jurisdiction or Petitioner and rules regarding who pays them.
A: They don’t have any fees or costs.

Q: Will your country provide limited services at request of the Initiating Jurisdiction to:
A: Locate a Respondent and/or his /her assets: Yes

Q: Collect or assist in arranging the collection of DNA samples for parentage cases?
A: Yes

Q: Assist in resolving cases informally by contacting a Respondent, providing him/her with information of potential legal or administrative measures that may be brought against him/her?
A: No

Q: Transmission and receipt of collections
A: Agency or creditor as preferred payee: Agency

Q: Electronic funds transfer and receipt capability?
A: No not yet, only have it for receipt

Q: Special handling requirements
A: No

Forms and Procedures

1. Name, address, telephone, fax, electronic mail address, website, and contact person (s) (if any) for the transmitting Authority in your country.

2. Same information for the Receiving Authority in your country, if different.

3. Documentary, Forms and Procedural requirements that other countries must fulfill to successfully transmit a case to your Receiving Authority.? State whether the physical presence of the Petitioner in the Initiating Jurisdiction needed in any cases listed in 4), below.

Same forms that everybody is using in Canada.

Transmittal forms and Application forms used under ISO Act.

4. Outline of how an international case is processed in your country and approximate times from the date of location and notification to the Respondent that it takes to:

a) Establish Parentage:
It depends if three is going to be a DNA testing or not.

b) Establish a maintenance decision:
Could go from 3 to 8 months and maybe longer if there is a DNA Test that needs to be done.

c) Enforce a maintenance decision:
3 to 6 months

d) Vary a maintenance decision:
3 to 6 months (depends on the different parts of the province. Some part of the province could go to Court faster).

5. Estimate time for responding to a case inquiry (responding means answering a question or explaining why it is not possible to answer the question)

Usually it can take from 1 to 2 weeks when the request is sent by mail.? If it is sent by fax, it usually takes less than a week.