Is Equal Parenting Time Automatic After Divorce in Nova Scotia?
This answer covers the law of Nova Scotia.
No, equal parenting time is not automatic when married parents divorce in Nova Scotia. The Divorce Act has no equal-time rule; instead, 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. Those best interests are the only thing the court considers, and the child's physical, emotional and psychological safety, security and well-being come first.
Several factors can move a schedule away from an even split, including the history of care, the child's views and preferences, each parent's willingness to support the child's relationship with the other, each parent's ability to communicate and cooperate, and family violence and its impact. An equal schedule can still result when those factors support it.
These cases are heard in the Supreme Court of Nova Scotia (Family Division). The Parent Information Program is mandatory once an application involving children is filed. Conciliation, mediation and voluntary judge-led settlement conferences are also available in the Family Division. If each parent has the child at least 40% of the time over a year, special shared-parenting child support rules apply, and they are not an automatic set-off.
Key takeaways
- The Divorce Act does not make equal time automatic; 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.
- The child's physical, emotional and psychological safety, security and well-being come first when a court makes a parenting order.
- History of care, the child's views, willingness to support the other parent's relationship, ability to cooperate and family violence are among the factors that can change the schedule.
- If each parent has the child at least 40% of the time over a year, shared-parenting child support rules apply, and a lawyer can confirm how your own schedule affects support.