To protect your children from an abusive ex-partner in New Brunswick, you can apply for supervised parenting time or an Emergency Intervention Order. The court filing fee for a motion is $50 CAD, but if you need immediate protection from domestic violence, applying for emergency assistance through the police or victim services is completely free.
Leaving an abusive relationship is incredibly brave, but the fear often does not end when you walk out the door. If you share children, your top priority is ensuring they remain safe from harm. Many parents worry that the legal system will force them to hand their children over to an unstable or dangerous ex-partner. It is crucial to know that New Brunswick courts prioritize the safety and well-being of children above all else.
In this guide, we will explain how to protect your children from an abusive ex-partner in New Brunswick as of 2026. 🔍 We will walk you through how to secure emergency orders, request restricted or supervised parenting time, and navigate the Court of King’s Bench. Whether you live in Fredericton, Moncton, or Saint John, taking the right legal steps can shield your family from further trauma.
Step-by-Step Process in New Brunswick
When family violence is a factor, standard family law processes change rapidly. The court system has specific tools designed to act quickly when a child or parent is in danger. 📋 However, you must present clear information to the judge so they can issue the appropriate protective orders.
Step 1: Secure Immediate Safety
If you or your children are in immediate, physical danger, your first call should always be to the police. If the situation is urgent but not an active 911 emergency, you can apply for an Emergency Intervention Order (EIO) under the Intimate Partner Violence Intervention Act. This order can grant you temporary exclusive use of your home and order your ex-partner to stay away from you and your children.
Step 2: File an Urgent Family Court Motion
Once you are safe, your lawyer will file an urgent Notice of Motion at the local Family Division of the Court of King’s Bench. ✍ In cases involving domestic violence, you can often apply “ex parte,” meaning you ask the judge for an emergency temporary order without your ex-partner being present or notified beforehand. You will request temporary sole decision-making responsibility (formerly known as sole custody).
Step 3: Request Supervised Parenting Time
Judges generally believe that children benefit from a relationship with both parents, but not if that relationship puts the child at risk. You can ask the court to order supervised parenting time. This means your ex-partner can only see the children in a secure facility or in the presence of a trusted, court-approved third party, ensuring no physical or emotional harm occurs.
Step 4: Gather Evidence of the Abuse
To turn a temporary emergency order into a final order, you must prove the abuse occurred. 📁 Collect all available evidence, including police reports, medical records, threatening text messages, and statements from witnesses. The updated Divorce Act explicitly requires judges to consider coercive control, financial abuse, and psychological abuse, not just physical violence.
How Much Does it Cost in New Brunswick?
Dealing with domestic violence is overwhelming, and worrying about legal fees adds to the burden. 💵 Fortunately, emergency protective measures through police or victim services are free, though family court litigation can become expensive.
- Emergency Intervention Order (EIO): Applying for an EIO through local victim services or the police costs $0 CAD.
- Court Filing Fees: Filing a formal motion for parenting time at the Court of King’s Bench costs $50 CAD.
- Supervised Access Centres: If the court orders professional supervision, local community centres may charge a subsidized fee of $20 to $75 CAD per visit, depending on your income.
- Lawyer Fees: Hiring a law firm to handle an urgent family motion generally costs between $2,500 and $6,000 CAD. If the case proceeds to a high-conflict trial, legal fees can exceed $15,000 CAD.
| Service | Purpose | Estimated Cost (CAD) |
|---|---|---|
| Police Assistance / EIO | Immediate physical protection and stay-away orders | $0 |
| Family Law Firm | Drafting affidavits and securing safe parenting orders | $2,500 – $6,000+ |
| Supervision Services | Ensuring child safety during visits | $20 – $75 per visit |
How Long Does the Process Take?
When safety is at risk, the legal system moves much faster than a standard divorce. 🕐 An Emergency Intervention Order can be granted within 24 hours. An urgent ex-parte motion at the Court of King’s Bench can usually be heard within 2 to 5 days. However, reaching a final, permanent resolution regarding decision-making responsibility and long-term parenting time can take 1 to 2 years if your ex-partner contests the allegations in court.
Frequently Asked Questions (FAQ)
Will my child have to testify in court against my ex-partner?
Generally, no. New Brunswick judges rarely force children to testify in family court, as it is highly traumatic. Their views and experiences are usually presented through professional assessments or reports from social workers.
Can my ex-partner get decision-making responsibility if they abused me, but not the kids?
It is unlikely. Canadian family law now clearly states that family violence directed at any family member, even if the child only witnessed it, heavily impacts the abuser’s ability to safely co-parent and make sound decisions.
What is the difference between supervised parenting time and supervised exchange?
Supervised parenting time means a third party watches the entire visit between the child and the parent. Supervised exchange means the third party is only present when the child is dropped off and picked up, preventing the parents from interacting.
What should I do if my ex-partner violates the stay-away order?
If an Emergency Intervention Order or a no-contact order is violated, you must call the police immediately. Violating these orders is a criminal offence, which could result in a summary conviction or worse, depending on their actions.
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