Family Orders and Agreements Enforcement Assistance Act

Marginal note:Contents of application — establishment or variation of support provision

• 8 (1) The application under section 7 in relation to the establishment or variation of a support provision must be accompanied by

  • (a) an affidavit that sets out the reasons for the making of the application; and

  • (b) in the case of an application in relation to the variation of a support provision, a copy of the order that contains the support provision.

• Marginal note:Ex parte application

  (2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also

  • (a) state that reasonable steps have been taken to locate the person in respect of whom the applicant is seeking to have a support provision established or varied and that the person has not been located; and

  • (b) set out the particulars of those reasonable steps.

• Marginal note:Ex parte application by individual

  (3) If the application is made ex parte by an individual,

  • (a) the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and

  • (b) the affidavit referred to in paragraph (1)(a) must also

    • (i) state that the sole purpose of the application is to obtain information for the establishment or variation of a support provision,

    • (ii) state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person referred to in paragraph 2(a), or with the child or children that is, are or may be the subject of the support provision, or there is a proceeding respecting such a restriction,

    • (iii) state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and

    • (iv) state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.