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№ 77 Family Law

Custody, Guardianship and Access: What the Terms Mean in NL

Understand how custody, guardianship and access differ under the Children's Law Act in Newfoundland and Labrador, and how the Divorce Act's newer terms compare.

Family Law4 min readTSLBy the Treadstone Law Team · Newfoundland and LabradorUpdated November 13, 2026
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Key takeaways
  • Under the Children's Law Act, the father and mother of a child are equally entitled to custody, subject to Part III.
  • Guardianship in the Act's Part IV concerns the child's property and is separate from custody, which covers the child's person.
  • The Divorce Act replaced custody and access with parenting time and decision-making responsibility.

Custody, guardianship, access, parenting time and decision-making responsibility sound similar, yet they are not interchangeable. Which words apply depends partly on whether you were married and whether a divorce has started.

This article sets out how the terms work in Newfoundland and Labrador and how to find the right process.

This article covers the law of Newfoundland and Labrador.

Custody under the Children's Law Act

The father and mother of a child are equally entitled to custody, subject to the other provisions of Part III. A person with custody has parental rights and responsibilities and must exercise them in the child's best interests.

If a child lives with one parent with the other parent's express or implied consent, the other parent's right to exercise custody is suspended until a separation agreement or order provides otherwise. Access rights are not suspended.

Access and guardianship

Access includes the right to visit the child and to receive information about the child's health, education and welfare. Parents living apart must encourage and support the child's continuing relationship with the other parent.

Guardianship in the Children's Law Act is a different idea. Part IV deals with guardians of the child's property, and a parent has a preferential entitlement to be appointed property guardian. This is separate from custody, which covers the child's person.

TermPlain meaning
CustodyParental rights and responsibilities, exercised in the child's best interests
AccessVisiting the child and receiving information about health, education and welfare
Guardianship of propertyPart IV appointment concerning the child's property

The Divorce Act's newer terms

A court may make a parenting order providing for the exercise of parenting time or decision-making responsibility. These terms replaced custody and access in the federal Act.

A custody or access application under the Children's Law Act is stayed once a divorce proceeding starts under the Divorce Act, unless the court grants leave. Parenting issues between married spouses are then decided under the Divorce Act. The Divorce Act applies only to married spouses.

How the court decides, and who can apply

Under the Children's Law Act, applications are decided on the child's best interests. Factors include the child's emotional ties, the child's views where reasonably ascertainable, time spent in a stable home and each applicant's ability to act as a parent. The court must consider any violence by a person toward a spouse, child or household member.

Under the Divorce Act, the court takes into consideration only the best interests of the child, with primary consideration to the child's physical, emotional and psychological safety, security and well-being.

Under the Children's Law Act, a parent, or another person listed in section 69(4) of that Act, may apply to a court for an order about custody, access or an aspect of custody. Those persons include a person with a settled intention to treat the child as a member of their family, a grandparent, and a person with actual care of the child.

What to do next

Frequently asked questions

Is guardianship the same as custody?

No. In the Children's Law Act, Part IV deals with guardians of the child's property, while custody covers the child's person.

Do both parents have custody after separation?

Both parents are equally entitled to custody, subject to the Act. However, if the child lives with one parent with the other's consent, the other's right to exercise custody is suspended until an agreement or order provides otherwise.

Does the other parent lose access?

Access rights are not suspended when a child lives with one parent. Access includes visiting and receiving information about the child.

Which court handles these applications?

It depends on where you live. The Family Division has exclusive jurisdiction in the East Coast and West Coast judicial areas, and in the expanded service area residents can choose either it or the Provincial Court for Children's Law Act parenting orders.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Newfoundland and Labrador laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in Newfoundland and Labrador. Reach us at 1-844-900-1070 or send our Team a message.

This is a family law question

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