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Family

Does the mother automatically get custody in Nova Scotia?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

This answer covers the law of Nova Scotia.

No. In a divorce under the Divorce Act, the mother does not automatically get custody; when making parenting or contact orders, the court considers only the best interests of the child.

The court gives primary consideration to the child's physical, emotional and psychological safety, security and well-being. It then looks at factors such as the child's needs and stability, the child's relationship with each parent, each parent's history of care, the child's views and preferences, and each parent's willingness to support the child's relationship with the other. A parent's gender is not among those listed factors. The court also applies the principle that a child should have as much time with each spouse as is consistent with the child's best interests.

In Nova Scotia, the Supreme Court (Family Division) hears parenting arrangements, meaning decision-making responsibility and parenting time. Family violence and its impact are also factors. It also considers each parent's ability to meet the child's needs and to communicate and cooperate. Every family is different, so a lawyer can explain how these factors may apply to your situation.

Key takeaways

  • When making parenting or contact orders under the Divorce Act, the court considers only the best interests of the child.
  • The court gives primary consideration to the child's physical, emotional and psychological safety, security and well-being.
  • The listed best-interests factors focus on the child's needs, each parent's care and cooperation, family violence and similar matters, and a parent's gender is not among them.
  • The court applies the principle that a child should have as much time with each spouse as is consistent with the child's best interests.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.

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