Family Law on PEI
A divorce or separation can be a very stressful time. We have compiled information, publications and resources to help you better understand the laws around divorce, separation, custody, child support and child custody. We are also available to answer questions, free of charge, at 902-892-0853 or 1-800-240-9798. You can also reach us through our contact us form.
Please note this page does not cover all of the issues in family law matters and it is not a substitute for legal advice.
Family Law Publications
How Can I Deal with Conflict?
Many people need support to deal with the conflicts that arise during family law matters. Some of your options include:
- Collaborative Law: Collaborative Practice, utilizing lawyers, family professionals, and financial specialists, is an alternative approach to problem-solving with family break-downs. It is based on a pledge not to go to court, an honest exchange of information, and solutions that take into account the highest priorities of both children and adults. For more information, visit the Collaborative Practice P.E.I. website at www.cppei.ca.
- Mediation: Mediation is a process to resolve conflict between two or more parties. The process is confidential and anything said in mediation can’t be used against parties later. Mediation involves you, the other person(s) and a mediator who is neutral. The mediator helps the parties to find a solution by examining underlying issues and finding common ground. List of mediators on PEI.
To learn more about out of court options, read: Resolving Conflict Outside of Court.
If you are getting divorced or separated, you may find our Separation Agreement Checklist helpful.
If you and your ex are able to come to an agreement about property and children and have been separated for at least one year, you may want to use our Uncontested Divorce Kit.
Family Law Information by Justice Canada
If you were in a common law relationship, there are different rules about division of property: Living Together
Family Section Supreme Court Deputy Registrars: This is where you submit Family Law documents to be filed. Located at the Charlottetown Supreme Court and Summerside Courthouse. Charlottetown: 902-368-6003; Summerside: 902-888-8125
Child Support Resources
To apply for a child support order or to amend an existing order, contact the Child Support Guidelines Office at 902-368-6220 (Charlottetown) or 902-888-8188 (Summerside).
To have an child support order enforced, call Maintenance Enforcement at 902-894-0383.
PEI Child Support Tables: Up to 4 children; 5 or more children; online look up tool
Federal Child Support Guidelines: Step by Step (Informational booklet)
Child Support: What You Need to Know (Informational booklet)
Child Custody Resources
Positive Parenting from Two Homes: Parents learn to understand their feelings, their children's needs, and to develop a business-like relationship with the other parent.
Family Legal Aid: provides legal assistance to people who cannot afford a lawyer for family law matters. You must make an application to see if you are eligible for this service.
Triple P Parenting: Triple P is a parenting program, but it doesn't tell you how to be a parent. It's more like a toolbox of ideas. You choose the strategies you need. You choose the way you want to use them. It's all about making Triple P work for you.
There are a number of Acts that address family law matters.
Divorce Act (Federal)
The Family Law Act (Provincial)
Custody Jurisdiction and Enforcement Act (Provincial)
Interjurisdictional Support Orders Act (Provincial)
PEI Court forms available HERE.