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🏛️ Relevant Courts & Agencies in New Brunswick

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Welcome to the New Brunswick Child Custody & Support guide centre. Here you will find comprehensive resources covering everything from establishing parenting time schedules to calculating fair child support payments, based on current provincial regulations.

Overview of Child Custody & Support in New Brunswick

When parents separate, ensuring the emotional and financial well-being of their children is always the top priority. In New Brunswick, child custody and support are guided by the principle of the “best interests of the child.” Modern family law now uses the terms “decision-making responsibility” instead of custody, and “parenting time” instead of access, focusing on the parents’ ongoing duties rather than treating children as property to be won.

Navigating these changes can be highly emotional and stressful for everyone involved. Whether you are trying to agree on a holiday parenting schedule or figuring out how to share the costs of your child’s daycare and extracurricular activities, understanding the province’s legal framework helps reduce conflict and provides stability for your family’s future.

Common Legal Issues We Cover

Local Legal Context & Courts in New Brunswick

In New Brunswick, cases involving child support, parenting time, and decision-making responsibility are heard in the Family Division of the Court of King’s Bench. This specialized court operates in major centres like Fredericton, Moncton, Saint John, and Bathurst. Judges here are focused specifically on family dynamics and are legally bound to make decisions that prioritize the children’s physical, emotional, and psychological safety.

Once a child support order or formal agreement is in place, it can be filed with the Family Support Orders Service (FSOS). Managed by the provincial Department of Justice and Public Safety, FSOS is the agency responsible for monitoring and enforcing support payments. If a parent fails to pay, FSOS has the authority to garnish wages, seize tax returns, or even suspend driver’s licences to ensure children receive the financial support they are owed.

Professional Legal Help & Local Agencies

Resolving disputes about where your children will live or how they will be financially supported is complex and heavily regulated. Attempting to represent yourself in the Court of King’s Bench or signing a poorly drafted parenting agreement without professional advice can lead to tragic outcomes. Missing financial disclosures or misunderstanding the child support guidelines can result in unfair arrangements that are incredibly difficult to overturn later.

Because your children’s future is at stake, we strongly advise consulting with a qualified New Brunswick family lawyer. You can find a list of relevant local lawyers and government agencies at the top of this page. An experienced lawyer can advocate for your parental rights, negotiate fair support terms, and ensure that your final parenting plan is legally sound and truly in your child’s best interests.

Frequently Asked Questions (FAQ)

What is the difference between custody and parenting time?

Under updated Canadian family law, “custody” has been replaced with “decision-making responsibility” (the right to make major choices about health, education, and religion). “Access” is now called “parenting time,” which refers to the actual physical time the child spends in each parent’s care.

How is child support calculated in New Brunswick?

Child support is determined using the mandatory Federal Child Support Guidelines. The monthly amount is based on the paying parent’s gross annual income, the number of children involved, and the specific parenting time arrangement (such as shared or split parenting).

What are Section 7 or special expenses?

Section 7 expenses are special or extraordinary costs that go beyond basic child support. These typically include things like childcare, medical and dental premiums, tutoring, and expensive extracurricular activities. Parents usually share these costs in proportion to their respective incomes.

At what age can a child decide which parent they want to live with?

In New Brunswick, there is no magic age where a child legally gets to choose where they live. However, as a child gets older and more mature (often around 12 to 14 years old), their views and preferences are given significantly more weight by a judge.

Can I stop my ex from seeing the kids if they do not pay child support?

No. In Canada, child support and parenting time are two completely separate legal rights. You cannot legally deny a parent their scheduled parenting time simply because they are behind on child support payments.

Do we have to go to court to sort out child support?

No. If both parents can agree on an amount that aligns with the Federal Child Support Guidelines, you can draft a written separation agreement. Once this agreement is signed and witnessed, it can be filed with the court and enforced just like a judge’s order.