Which Court Handles Family Law Cases in New Brunswick?

When a relationship ends, one of the first questions is practical: where do you actually go? Many people picture a single courthouse for everything, then find different forms, different laws and different rules depending on whether they were married and whether children are involved.

This article explains which court deals with separation, divorce, parenting and support in New Brunswick, what it can decide, and what it generally will not decide. It is general information, not advice on your situation.

This article covers the law of New Brunswick.

The short answer: the Family Division

In New Brunswick, divorce proceedings are heard in the Court of King's Bench, Family Division, and they use a set of forms under Rule 72. The Family Division's forms also cover Family Law Act matters, Family Services Act matters and interjurisdictional support orders, which shows it is the court for divorce, parenting, support and related family proceedings.

Under the provincial Family Law Act, the word Court means the Court of King's Bench of New Brunswick, including any of its judges. So whether you are married or not, family problems about children and support generally end up in the same court.

What the court deals with

Which statute applies depends on your facts. For example, relocation rules in the Divorce Act apply to married parents in divorce proceedings, while unmarried parents use the Family Law Act.

How a divorce moves through the court

A divorce is granted on the ground that the marriage has broken down. That is usually shown by living separate and apart for at least one year immediately before the divorce is decided. A divorce can also be based on adultery or cruelty that makes living together intolerable, without the one-year wait.

If you both agree, you can file together using Form 72B, the Joint Petition for Divorce. Otherwise one spouse files a Petition (Form 72A) and serves a Notice of Petition (Form 72C). If the other spouse disagrees, the forms provide for an Answer, an Answer and Counter-Petition, a Notice of Intent to Defend and a Reply, followed by a Request for Divorce, a Divorce Judgment and a Certificate of Divorce.

A divorce does not need the other spouse's signature or agreement to go ahead, because the ground is the breakdown of the marriage; the court decides once the separation is proved. The court must also be satisfied that reasonable arrangements have been made for the support of any children of the marriage.

What the court decides, and what it does not

• Parenting: only the child's best interests are considered, with primary consideration to the child's physical, emotional and psychological safety.
• Time with each parent: a child should have as much time with each parent as is consistent with their best interests, which is a guide and not a guaranteed 50/50 split.
• Child support: the starting point is the amount in the applicable table for the number of children, the paying parent's province and income, plus any special or extraordinary expenses.
• Spousal support under the Divorce Act: the court cannot consider a spouse's misconduct in relation to the marriage.
• Parties are expected to try to resolve the issues, including through family dispute resolution, to the extent appropriate.

Conduct can matter in some places, such as adultery or cruelty as a way to show a marriage has broken down and family violence as a listed factor in parenting decisions, but misconduct is not considered in spousal support under the Divorce Act. It applies the legal tests for children, support and property to the facts it is given.

Residence rules, safety and next steps

A New Brunswick court can hear a divorce if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts. For parenting orders under the Family Law Act, the Court may act if the child is habitually resident in New Brunswick when the application begins, or, in some cases, if the child is present and would likely suffer serious harm otherwise.

If you fear violence, a separate route exists. An Emergency Intervention Order under the Intimate Partner Violence Intervention Act can be requested by the victim or by a prescribed person with the victim's consent, and an adjudicator must decide within 24 hours. A judge of the Court then reviews the order within five days.

• Confirm whether you were married, and for how long you have lived in New Brunswick.
• Write down your separation date and where each person has lived since.
• List your children, their current routines and any safety concerns.
• Gather income records for both of you, since support depends on income.
• Speak with a lawyer about which forms and which law apply before you file.

Frequently asked questions