Is Equal Shared Parenting the Default in Nova Scotia?

When parents separate, many assume the law starts from an equal split of time with the children. It is a common belief, and it can shape how people negotiate, what they agree to, and how they feel about a proposed schedule.

The real rule is more flexible than that. This article explains what the Divorce Act says about parenting time, how Nova Scotia's Supreme Court (Family Division) approaches it, and why the amount of time each parent has can also affect child support.

This article covers the law of Nova Scotia.

Is equal parenting time automatic?

No. In a divorce proceeding under the Divorce Act, the court making a parenting or contact order considers only the best interests of the child, and gives primary consideration to the child's physical, emotional and psychological safety, security and well-being. If your matter is under a different law, such as Nova Scotia's Parenting and Support Act, how the rules apply depends on your situation, so it is worth confirming with a lawyer.

The Divorce Act also says the court 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 guiding principle. It does not promise an equal split. For some families the best-interests answer may be close to equal time, and for others it may look quite different.

What the court looks at

The Divorce Act lists factors the court weighs when deciding what is in a child's best interests. They include:

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

The list covers a wide range of things, from daily care to family violence. How they apply depends on your family's facts, which is why a lawyer can help you see how they may play out for you.

Where parenting time is decided

Divorces in Nova Scotia are heard in the Supreme Court of Nova Scotia (Family Division). That court also hears parenting arrangements, meaning decision-making responsibility and parenting time, as well as child support and division of matrimonial assets and debts.

Since January 1, 2022, all family law matters in the province are handled under Rule 59 of the Civil Procedure Rules. If you file a court application involving children, the Parent Information Program is mandatory, though parents can also attend voluntarily.

Agreeing on a schedule without a trial

Many parents settle a schedule themselves. The Family Division offers several court-based options:

Whether a particular agreement suits your child depends on your family's situation, so it is worth confirming the details with a lawyer before you sign.

Why the split matters for child support

Parenting time can change how child support is set. Where each parent has the child at least 40% of the time over a year, section 9 of the Guidelines applies. The court considers 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.

Split parenting is different. 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.

Exact amounts depend on income and the current table, so ask a lawyer or the court about figures for your situation.

What to do next

• Write down who has handled daily care, school, medical and activities so far.
• Think about a schedule built around your child's needs, not a number.
• Keep records of any safety concerns, and get advice quickly if family violence is involved.
• Look into mediation or conciliation before a contested hearing.
• Ask about legal aid if cost is a concern: family coverage includes matters under the Divorce Act.

A lawyer can explain how the best-interests factors may apply to your family and what a realistic schedule might look like.

Frequently asked questions