In New Brunswick, drafting an amicable parenting plan (custody agreement) through lawyers or mediation takes about 1 to 3 months. If parents cannot agree and must litigate at the Court of King’s Bench, a final trial order can take 1 to 2 years to achieve.
When transitioning into a co-parenting relationship, the unknown is often the scariest part. Parents constantly ask how long they have to wait until a formal schedule is legally established. Under updated Canadian law, what used to be called “custody and access” is now referred to as decision-making responsibility and parenting time. Putting a legally binding framework around these concepts provides much-needed stability for your children.
The exact timeline for creating a parenting plan depends entirely on the level of conflict between you and your former partner. 📍 Whether you are coordinating a schedule across Moncton and Dieppe, or figuring out school holidays in Fredericton, cooperation is the ultimate time-saver. Here is a realistic look at the milestones and timelines involved in solidifying a parenting agreement in New Brunswick.
Step-by-Step Process in New Brunswick
Getting a legally recognized parenting plan requires structure. Jumping straight into court is rarely the fastest or best option; instead, the process follows logical steps aimed at de-escalation.
Step 1: Implementing a Temporary Routine
Immediately after separating, you should try to establish a temporary, informal routine. 🏠 While not legally binding, having a set schedule for who takes the kids to school and where they spend the weekends provides immediate stability. Courts look favourably on parents who maintain a consistent, child-focused routine while the formal legal documents are being drafted.
Step 2: Exchanging Information and Preferences
Both parents need to sit down (often with their respective lawyers) to outline their ideal parenting schedules and identify key issues. This involves discussing work schedules, the children’s extracurricular activities, medical needs, and how holidays will be split. Transparency here drastically speeds up the drafting phase.
Step 3: Engaging in Family Mediation
If there are sticking points, mediation is the next step. 🤝 A trained family mediator helps parents find middle ground on contentious issues, such as where the primary residence will be or how religious upbringing will be handled. Mediation can often resolve deadlocks in a few sessions, avoiding months of legal delays.
Step 4: Signing the Agreement or Going to Court
If you reach a consensus, your lawyers will draft a formal Parenting Plan (a type of domestic contract). Once signed and witnessed, it becomes legally binding. If consensus is impossible, one parent must file an Application with the Court of King’s Bench of New Brunswick to have a judge decide. This shifts control away from the parents and relies entirely on the court’s schedule.
How Much Does it Cost in New Brunswick?
Time is money in family law. The longer the process takes, the more expensive it becomes. Here are the standard cost expectations in CAD based on the timeline:
- Fast Track (1-2 months): A straightforward negotiation and drafting of a consent order typically costs $1,500 to $3,000 CAD.
- Medium Track (3-6 months): Utilizing a mediator and lawyers to hammer out compromises usually runs between $3,000 and $6,000 CAD per parent.
- Slow Track (1-2 years): Full litigation involving court appearances, motion filings, and expert assessments can easily cost $15,000 to over $30,000 CAD.
How Long Does the Process Take?
Here is a direct comparison of timelines based on the chosen path for your family dispute. ⏳
| Process Type | Expected Duration | What Causes Delays? |
|---|---|---|
| Out-of-Court Agreement | 1 to 3 months | Delays usually happen if one parent is slow to respond to lawyer communications. |
| Interim Court Order | 2 to 4 months | Obtaining a temporary judge’s order while waiting for a final trial date. |
| Final Court Trial | 12 to 24 months | Severe court backlogs, mandatory procedural steps, and waiting for psychological assessments. |
Frequently Asked Questions (FAQ)
Is there a way to speed up the process in an emergency?
Yes. If a child is in immediate danger of physical harm or abduction, your lawyer can file an emergency “ex parte” motion at the Court of King’s Bench. A judge can issue an emergency order within 24 to 48 hours to protect the child.
At what age can a child choose where they want to live?
In New Brunswick, there is no magical age where a child gets to make the final legal decision. However, as a child gets older (typically around 12 to 14 years old), their views and preferences carry significantly more weight with a judge.
Do we absolutely need a judge to sign our parenting agreement?
Not necessarily. A properly drafted and witnessed separation agreement or parenting plan is a legally binding domestic contract. However, many parents choose to file it with the court as a “Consent Order” so it is easier to enforce if the other parent breaches the rules.
Will my new partner affect my parenting time timeline?
Generally, dating someone new does not inherently affect your legal timeline or rights. However, if the other parent believes the new partner poses a risk to the child, they may request assessments or investigations, which can severely delay the process.
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