Custody, Parenting Time and Decision-Making in Nova Scotia

If you separated some years ago, or you are getting advice from friends and relatives, you have probably heard words like custody, access and visits. Court documents today use different language, and the change can leave you unsure what you are actually asking for or agreeing to.

This article explains, in plain words, how the older terms line up with decision-making responsibility and parenting time, what each means in daily life, and how a Nova Scotia court approaches the decision. It is general information, not advice on your situation.

This article covers the law of Nova Scotia.

Old words and new words

For many years people talked about one parent having custody and the other having access. Those words suggested a winner and a loser. The language used now splits parenting into two practical questions: who makes important decisions for the child, and when the child is in each parent's care.

The Supreme Court of Nova Scotia (Family Division) hears parenting arrangements, which the court describes as decision-making responsibility and parenting time. You may still see the word custody in everyday conversation or in older orders and agreements. If you have an older document, it is worth having a lawyer explain how its terms apply today.

What each term means day to day

Decision-making responsibility and parenting time are separate. Parents may share one and divide the other in different ways. An order can be detailed about schedules, holidays and exchanges, or it can be more general, depending on what suits the family.

How a court decides

When making parenting or contact orders under the Divorce Act, the court considers only the best interests of the child, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being. Neither parent's wishes come first.

The Act lists factors the court looks at, including:

• The child's needs and stability, and the history of care.
• The child's relationships with each parent, siblings and grandparents.
• Each spouse's willingness to support the child's relationship with the other.
• The child's views and preferences.
• The child's cultural, linguistic, religious and spiritual upbringing, including Indigenous heritage.
• Each parent's plans for care and ability to meet the child's needs.
• The parents' ability to communicate and cooperate.
• Family violence and its impact, and any relevant civil or criminal proceedings or orders.

The court also gives effect to the principle that a child should have as much time with each spouse as is consistent with the child's best interests. That is a starting principle, not a guarantee of equal time.

How parenting time connects to child support

Parenting time can affect child support. Where each parent has the child at least 40% of the time over a year, the court sets support by considering the table amount for each parent, the increased costs of shared parenting, and each parent's and the child's circumstances. It is not an automatic set-off.

Where there are two or more children and each parent has the majority of time with at least one child, the order is the difference between the amounts each parent would otherwise pay.

What to do next

Parenting matters in a divorce are heard in the Supreme Court of Nova Scotia (Family Division). Court-based options include conciliation, mediation and voluntary judge-led settlement conferences. The Parent Information Program is mandatory when a court application involving children is filed in the Family Division.

• Find any existing order or separation agreement and read how it describes decision-making and time with the child.
• Write down the schedule you actually follow now, and what is working or not.
• Think about what decisions need to be shared and how you would resolve disagreements.
• Keep communication with the other parent calm and child-focused.
• Speak with a lawyer before filing or signing anything.

Frequently asked questions