How does a New Brunswick court decide parenting time?
This answer covers the law of New Brunswick.
A New Brunswick court decides parenting time by considering only the child's interests, and it gives primary consideration to the child's physical, emotional and psychological safety. In a divorce case the Divorce Act takes the same approach, and family violence and its impact are a listed factor.
The law now speaks of parenting time and decision-making responsibility rather than custody and access. Parenting time is the time a child spends in the care of a parent or person standing in a parent's place. Unless a written agreement or the Court says otherwise, parents share parenting time and decision-making responsibility, but that is not a presumption of an equal schedule. A child should have as much time with each parent as is consistent with the child's interests, which is a guide and not a guaranteed 50/50 split.
The Court may make a parenting order on application by a parent or a person standing in a parent's place, for a definite or indefinite period or until a specified event. In a divorce proceeding, parties are expected to try to resolve these matters, including through family dispute resolution, to the extent appropriate. The actual schedule depends on your child's circumstances.
Key takeaways
- The Court considers only the child's interests, giving primary consideration to the child's physical, emotional and psychological safety.
- Parents share parenting time and decision-making responsibility unless a written agreement or the Court says otherwise, but this is not a presumption of equal time.
- A child should have as much time with each parent as is consistent with the child's interests, which is a guide and not a guaranteed 50/50 split.
- Family violence and its impact are a listed factor under the Divorce Act.