In New Brunswick, the term “custody” has been legally replaced by “decision-making responsibility” and “parenting time.” You can apply for these rights by filing a Notice of Application at the Court of King’s Bench. The court filing fee is $75 CAD, and judges prioritize the best interests of the child above all else.
Navigating family law after a separation can feel overwhelming, especially when terms and rules change. If you are separating in New Brunswick, you might be surprised to learn that family courts no longer use the words “custody” or “access.” To promote healthier co-parenting and reduce conflict, federal and provincial laws have shifted to plain-English terms. Whether you reside in Fredericton, Dieppe, or Bathurst, understanding this modern terminology is your very first step toward securing a stable future for your children.
This detailed guide will explain exactly how to apply for decision-making responsibility (formerly custody) in New Brunswick. We will cover how to draft an effective parenting plan, the correct court procedures at the Court of King’s Bench, and why consulting a local family lawyer is often a wise investment.
Step-by-Step Process for Decision-Making Responsibility in New Brunswick
The process of establishing parenting rights focuses entirely on the child’s well-being, rather than the parents’ demands. The legal system encourages collaborative solutions. Here is the step-by-step process you should generally expect.
Step 1: Understand the New Terminology
Recent changes to the Divorce Act and the New Brunswick Family Law Act have permanently retired old vocabulary. “Decision-making responsibility” now refers to the legal authority to make significant life choices for your child, including decisions about their education, healthcare, and religion. It can be awarded solely to one parent or shared jointly between both.
Meanwhile, “parenting time” replaces the old concept of visitation or access. It simply describes the actual schedule of when the child is in the care of each parent 🕐. Using these correct, modern terms on your legal documents is absolutely crucial for your application to be processed smoothly.
Step 2: Draft a Comprehensive Parenting Plan
Judges strongly prefer that parents create their own schedule. A “Parenting Plan” is a highly detailed written document that outlines exactly how you and your ex-partner will raise your children. It should include the regular weekly schedule, holiday sharing (like Christmas and March Break), and how you will handle travel or passports.
You should also include a clear communication protocol . For example, detailing how you will notify each other about medical emergencies or school events. A well-thought-out plan dramatically increases the chances of an uncontested, peaceful resolution.
Step 3: Attempt Family Dispute Resolution
Before stepping foot in a courtroom, New Brunswick law heavily encourages (and sometimes requires) parents to attempt an alternative dispute resolution method. Family mediation is a highly effective process where a neutral professional helps both parents negotiate the terms of their parenting plan.
If mediation is successful, your lawyer can draft the agreed-upon terms into a formal Consent Order. This order is then simply filed with the court for a judge’s signature, saving you thousands of dollars in litigation fees and months of unbearable stress.
Step 4: File an Application at the Court of King’s Bench
If mediation completely fails, or if there are serious issues involving family violence, you will need to ask a judge to decide. You must file a Notice of Application (Form 73A) at the family division of your local Court of King’s Bench.
Your application must include a sworn Affidavit. This document is your official testimony . It must focus strictly on facts, clearly explaining why your proposed parenting arrangement is strictly in the “best interests of the child.” The court will actively ignore petty complaints about your ex-partner and focus only on the child’s safety, physical needs, and emotional stability.
| Old Terminology (Pre-2021) | New Terminology (Current) | Definition in New Brunswick |
|---|---|---|
| Sole Custody | Sole Decision-Making Responsibility | One parent makes all major decisions regarding health, education, and religion. |
| Joint Custody | Joint Decision-Making Responsibility | Both parents must communicate and agree on major life decisions together. |
| Access / Visitation | Parenting Time | The scheduled time the child spends in the direct care of a specific parent. |
How Much Does it Cost in New Brunswick?
Establishing parenting rights can range from highly affordable to incredibly expensive, depending entirely on the level of conflict:
- Court Filing Fees: Submitting a Notice of Application to the New Brunswick Court of King’s Bench costs a standard filing fee of $75 CAD.
- Mediation Costs: Private family mediators typically charge between $150 and $300 CAD per hour. Many families resolve their issues in 3 to 5 sessions.
- Lawyer Retainers: Hiring a law firm for an uncontested agreement may cost around $1,500 to $2,500 CAD. If the matter goes to a full, contested trial, legal fees can rapidly exceed $15,000 CAD per parent.
- Expert Assessments: If the court orders a psychological evaluation or a “Voice of the Child” report, these specialized experts can cost anywhere from $2,000 to $5,000 CAD.
How Long Does the Process Take?
If you and your former partner agree on a detailed parenting plan, finalizing a Consent Order usually takes only 2 to 3 months. However, if you cannot agree and must proceed to a full court trial in Moncton or Saint John, scheduling delays and mandatory legal procedures mean the process could easily drag on for 12 to 18 months before a final decision is ordered.
Frequently Asked Questions (FAQ)
Does shared parenting time mean I won’t pay child support?
Not necessarily. Even if you split parenting time 50/50, the parent with the higher income usually still has to pay a “set-off” amount of child support to ensure the child has a similar standard of living in both homes.
At what age can a child choose who they want to live with?
There is no strict “magic age” in Canada. However, as a child grows older and more mature (typically around 12 to 14 years old), New Brunswick judges give significant weight to their clearly expressed preferences.
Can I move to another province with my child?
This is known legally as “relocation.” You cannot simply move away. You must provide official written notice to the other parent at least 60 days in advance. If they formally object, a judge will have to decide if the move is allowed.
What happens if the other parent ignores the court order?
If a parent consistently denies you your court-ordered parenting time, you can file a motion for contempt of court. A judge has the legal authority to issue fines, award “make-up” time, or even change the decision-making responsibility altogether.
Do mothers automatically get decision-making responsibility?
Absolutely not. Canadian family law is strictly gender-neutral. Judges do not favour mothers over fathers; they look exclusively at who can best meet the physical, emotional, and psychological needs of the child.
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