Can a Nova Scotia Parent Withhold Children Over Unpaid Child Support?

When support stops arriving, it is natural to want to stop the visits. You are covering costs alone, and the other parent is not keeping their part of the deal. But in Nova Scotia, support and parenting time are treated as separate questions.

This article explains why holding the children back is risky, what the court looks at instead, and the tools that exist to collect unpaid support. If you are in a difficult spot right now, a lawyer can look at your actual order or agreement.

This article covers the law of Nova Scotia.

Why support and parenting time are separate

In 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. The question is what the child needs, not whether a parent has paid.

The listed factors look at things like the child's needs and stability, relationships with each parent, each parent's willingness to support the child's relationship with the other, the history of care, and the child's views. The court also applies the principle that a child should have as much time with each spouse as is consistent with the child's best interests.

Put simply, the child's relationship with the other parent is not a bargaining chip. A parent who keeps the children from the other may also be seen as not supporting that relationship, which is one of the factors a court weighs. If you already have a parenting order or agreement, ignoring it can cause problems of its own, so get advice before changing the schedule.

The tools meant for unpaid support

The Maintenance Enforcement Program (MEP) is a free Nova Scotia service that helps people pay or receive court-ordered child or spousal support. It keeps a record of payments, protects personal information, and acts as a buffer between the parties. The payor sends money to MEP, which passes it to the recipient.

Enrolling an order with MEP is optional, and MEP also works with other provinces' programs when a party lives outside Nova Scotia. If the order is not enrolled, MEP cannot enforce it. For enforcement, MEP tools include:

• Garnishing wages, benefits, and bank and investment accounts, including joint accounts.
• Requesting suspension of a motor vehicle or hunting and fishing licence.
• Requesting revocation of a passport.

Going to court and other ways to resolve it

Support, parenting and divorce matters are heard in the Supreme Court of Nova Scotia (Family Division). The Division offers conciliation, where a court officer meets the parties to identify issues and explore settlement, mediation with a neutral mediator who cannot make orders, and voluntary judge-led settlement conferences. Court referral to mediation generally needs an active application.

If you file a court application involving children, the Parent Information Program is mandatory. A lawyer can also tell you whether to ask the court to change or enforce an order instead of acting on your own.

When safety is the real concern

Sometimes the reason for refusing a visit is not money at all. Family violence and its impact is a listed best-interests factor. In an emergency, an emergency protection order under the Domestic Violence Intervention Act must be applied for by telephone. A victim may apply between 9:00 am and 9:00 pm, while designated persons such as peace officers and Victim Services staff may apply at any time. A judge must review the order within 7 business days after receiving it and the supporting documentation. If you are in danger, call emergency services first.

What to do next

• Read your current parenting order or agreement before making any change to the schedule. How it applies depends on your situation, so it is worth confirming with a lawyer first, and if safety is a concern, see the section above.
• Check whether your support order is enrolled with MEP, since MEP cannot enforce an order that is not enrolled.
• Keep a record of missed payments and any messages about them.
• Ask a lawyer about enforcement or a court application, and consider conciliation or mediation.
• If cost is a concern, ask Nova Scotia Legal Aid whether you qualify.

Legal aid family coverage includes matters under the Parenting and Support Act and Divorce Act, among others. An applicant is financially eligible if they qualify for certain social assistance benefits or if paying outside the plan would reduce their income enough to qualify. The Commission can also find someone eligible where retaining a lawyer would cause undue financial hardship. If legal aid is refused, you can appeal to the Commission by written request for review.

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