A shared parenting plan in New Brunswick outlines how you and your ex-partner will raise your children, covering living schedules and major decisions. You can draft this agreement privately or with a mediator, and once filed with the Court of King’s Bench, it becomes a legally binding roadmap for your family’s future.
When a relationship ends, establishing a clear and predictable routine for your children is one of the most important tasks you will face. In the past, people fought over “custody,” but modern Canadian family law focuses on creating practical parenting plans. A well-crafted plan minimizes conflict by setting clear expectations about where the children will live and how important choices regarding their health, education, and religion will be made. 👪
In New Brunswick, creating a shared parenting plan requires focusing entirely on the best interests of the child. Whether your family is based in Bathurst, Miramichi, or Saint John, courts encourage parents to work together to design a customized agreement. A solid plan covers everything from day-to-day routines to how you will handle holiday schedules and future disagreements.
Step-by-Step Process in New Brunswick
Drafting a comprehensive plan does not necessarily require stepping foot inside a courtroom. Most parents in the province resolve their parenting arrangements through negotiation or mediation. 📍
Step 1: Determine the Living Schedule
The first practical step is to map out the physical parenting time. A “shared parenting” arrangement typically means the child spends at least 40% of their time with each parent. You need to decide on a specific schedule that works for your child’s age and your work commitments. Popular schedules include the “week-on/week-off” model, or a “2-2-3” rotation for younger children. Be sure to include special rules for summer holidays, March Break, and family birthdays.
Step 2: Allocate Decision-Making Responsibility
Next, you must agree on how major life choices will be handled. 🧐 This was previously known as legal custody. You can choose joint decision-making, where both parents must agree on medical treatments, schooling, and extracurricular activities. Alternatively, you can divide the responsibilities-for example, one parent makes educational decisions, while the other handles healthcare. The plan should also clearly state how you will communicate, such as via email or a dedicated co-parenting app.
Step 3: Put it in Writing and Get Legal Advice
Once you and your ex-partner agree on the terms, it is highly recommended to formalize the document. While you can draft a basic version yourselves, having a family lawyer review it ensures it complies with New Brunswick law. Each parent should obtain Independent Legal Advice (ILA) before signing. Once signed and witnessed, the parenting plan can be incorporated into a formal Separation Agreement or filed as a consent order with the Court of King’s Bench.
How Much Does it Cost in New Brunswick?
The financial investment in creating a parenting plan varies depending on how well you and your ex-partner communicate. 💰
- Do-It-Yourself: Using free templates provided by Family Law NB or Justice Canada is free, but lacks professional legal protection.
- Family Mediation: Hiring a private mediator in New Brunswick generally costs between $150 and $400 CAD per hour. Most couples split this fee, meaning a full plan might cost each parent $1,000 to $2,000 CAD.
- Independent Legal Advice (ILA): Having a local law firm review and finalize your drafted plan usually involves a flat fee ranging from $500 to $1,500 CAD per person.
How Long Does the Process Take?
Creating a thoughtful and sustainable plan takes time and open communication. ⌚
| Phase of the Process | Average Timeline |
|---|---|
| Initial Discussions & Drafting | 2 to 4 weeks |
| Mediation Sessions (if needed) | 1 to 3 months |
| Lawyer Review & Final Signing | 2 to 4 weeks |
Frequently Asked Questions (FAQ)
What happens if we disagree on a major decision later on?
A good parenting plan should include a dispute resolution clause. This means you agree in advance to try mediation or consult a parenting coordinator before rushing to the Court of King’s Bench to let a judge decide.
At what age can a child in New Brunswick decide where they want to live?
There is no magic age where a child gets to simply choose their residence. However, as a child gets older (typically around 12 to 14 years old), judges will give their opinions and preferences much more weight, provided the child’s reasons are mature and independent.
Can I move to another province with my child?
Under the updated Divorce Act, you must provide written notice at least 60 days in advance if you plan a major relocation that impacts the parenting schedule. The other parent has the right to object, and a court may have to decide if the move is in the child’s best interests.
Does a shared parenting plan affect child support?
Yes. If a child spends at least 40% of their time with each parent, it is considered a “shared parenting” arrangement under the Federal Child Support Guidelines. This usually means child support is calculated using a set-off method, comparing the incomes of both parents rather than just the primary earner.
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