How to File for Custody in Yukon: Forms, Fees, and Step-by-Step Process

Filing for custody in the Yukon means going through the Supreme Court of Yukon — there's no separate family court. The process has strict timelines, specific forms, and mandatory steps that trip up self-represented parents who aren't prepared for the procedural demands.

Step 1: Determine Your Starting Form

Your marital status determines which form initiates your case:

Form 91A — Statement of Claim (Family Law – Divorce) is for married parents filing for divorce. It covers parenting arrangements, child support, and spousal support in one action. Uses "decision-making responsibility" and "parenting time" terminology.

Form 91B — Statement of Claim (Family Law – Common Law) is for unmarried or common-law parents. It covers custody, access, and support claims under the territorial Children's Law Act. Uses "custody" and "access" terminology.

If you are married but are not filing for divorce, confirm the appropriate territorial form with the registry rather than assuming Form 91B applies.

Using the wrong form can cause a registry rejection or request for correction — the clerks check for procedural compliance but can't advise you on which to file.

Step 2: Prepare Your Supporting Documents

Before you walk into the registry, you need:

• Applicable Form 94 or 94A (Financial Statement): Required when financial disclosure applies, including claims involving child support, spousal support, shared custody, or division of family assets. Form 94 is the detailed version; Form 94A is simplified for basic child-support table claims. Both must be sworn before a Notary or Commissioner.
• Form 59 (Affidavit): Your sworn factual evidence — the caregiving history, your proposed parenting plan, and any safety concerns. This is where you make your case.
• Form 98 (Child Support Affidavit): Factual child details and income calculations supporting your child support claim.

Sworn documents must be sworn before a Notary Public or Commissioner for Oaths. The Family Law Information Centre (FLIC) in Whitehorse provides free notarization — otherwise, a private notary charges CA$25–$75.

Step 3: File at the Supreme Court Registry

Submit three physical copies of your signed pleadings and sworn financial statements to the Supreme Court of Yukon Registry at the Law Courts Building, 2134 Second Avenue, Whitehorse, YT Y1A 5H6.

Filing fees:

• CA$140 to commence the proceeding
• CA$10 federal Central Registry of Divorce Proceedings fee (divorce cases only)
• Total: CA$150 for divorces, CA$140 for common-law custody applications

If you can't afford the fees, file Form 7 (Indigency Application) to request a full fee waiver.

Step 4: Serve the Other Parent

You cannot serve the documents yourself. A third party must personally hand-deliver the filed documents to the responding parent.

Options:

• Sheriff's Office: CA$50 standard fee
• Private process server: CA$50–$150
• FLIC staff: free, if the other parent voluntarily consents to accept service

Step 5: The Response Timeline

Once served, the responding parent has strict deadlines:

• 7 days to file Form 9 (Appearance) if served within the Yukon
• 21 days if served elsewhere in Canada
• 14 days after filing the Appearance to file Form 92 (Statement of Defence)
• 30 days to complete and serve applicable financial disclosure when financial claims are asserted

If the respondent also wants to make their own claims (not just defend), they file Form 93 (Counterclaim) alongside their defence.

Step 6: Mandatory Family Law Case Conference

This is the step most parents don't see coming. Within 60 days of service, a mandatory Family Law Case Conference must be scheduled and held — a non-public settlement meeting with a Supreme Court judge.

Both parents must file a Pre-Conference Memorandum (limited to 1.5 pages) at least 3 days, excluding weekends and holidays, before the conference, setting out the issues and their positions. Failure to file it can result in a costs award.

The conference is designed to narrow issues and push toward settlement. Many cases resolve here without proceeding to trial.

Step 7: Resolution or Trial

If the conference produces agreement, both parents sign a Form 53 (Consent Order) and submit it for a desk order — a judge reviews and signs without a hearing. For a divorce package, Form 100 is the Divorce Order and Form 100A is the Consent Divorce Order.

If issues remain, the case proceeds through document exchange, a Judicial Settlement Conference, and potentially a trial. Trial fees start at CA$140 plus daily trial-sitting fees.

The Yukon Child Custody & Parenting Plan Guide includes a court forms reference worksheet with the complete filing sequence, fee schedule, and deadline tracker — so you know exactly what's due, when, and in what order.

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