Is there a presumption of 50/50 parenting time in New Brunswick?
This answer covers the law of New Brunswick.
No. New Brunswick law does not start from a guaranteed 50/50 schedule. Under the Family Law Act, unless agreed in writing or ordered, parents of a child share parenting time and decision-making responsibility, but that is not a presumption of equal time. The best-interests test decides the actual schedule. Parenting time and decision-making responsibility are the terms that replace custody and access.
The maximum contact principle says a child should have as much time with each parent as is consistent with the child's best interests, which is a guide and not a guaranteed 50/50 split. A court considers only the child's best interests, with primary consideration to the child's physical, emotional and psychological safety. Under the Divorce Act, family violence and its impact are a listed factor.
Time also matters for money. The shared-parenting child support rules apply where each parent has the child for not less than 40% of the time over the year, and even then it is not an automatic set-off. What suits your family depends on the facts, so consider getting legal advice.
Key takeaways
- The Family Law Act says parents share parenting time and decision-making unless agreed in writing or ordered, but this is not a presumption of equal time.
- The maximum contact principle is a guide to as much time with each parent as is consistent with the child's best interests, not a guaranteed 50/50 split.
- Only the child's best interests count, with primary consideration to physical, emotional and psychological safety.
- Child support rules for shared parenting apply where each parent has the child at least 40% of the time over the year.