To get decision-making responsibility (formerly custody) in Newfoundland and Labrador, you must file an Originating Application at the Supreme Court for $132 CAD. Before a judge hears your case, the province generally requires you to participate in free dispute resolution through Family Justice Services (FJS).
When parents separate, deciding how to raise the children is often the most emotional part of the process. In recent years, Canadian family law underwent a major shift. The older terms “custody” and “access” often caused unnecessary conflict, making parents feel like there were winners and losers. Today, the Divorce Act and provincial laws use the terms “decision-making responsibility” (who makes big choices about health, education, and religion) and “parenting time” (the schedule of when the child is with each parent).
Applying for these rights in Newfoundland and Labrador requires following specific steps through the Supreme Court. The court’s only concern is what is in the “best interests of the child.” They do not care which parent makes more money or whose fault the breakup was. This guide will walk you through the application process and explain how the province encourages parents to settle outside of court. If your situation involves high conflict or domestic violence, reaching out to a local lawyer from our directory is critical to protecting your family.
Step-by-Step Process in Newfoundland and Labrador
In Newfoundland and Labrador, all family law issues are managed by the Supreme Court. If you are in St. John’s or Corner Brook, you will deal specifically with the Family Division. For other regions, you will file in the General Division.
Step 1: Contacting Family Justice Services (FJS)
Before you ever stand in front of a judge, Newfoundland and Labrador requires most parents to try mediation. Family Justice Services (FJS) is a free, government-funded program that helps parents negotiate parenting time and decision-making responsibility . They provide dispute resolution and even parent education sessions. In many regions, you cannot get a court date until you have a certificate showing you attempted to use FJS, unless there is an emergency or a history of abuse.
Step 2: Filing an Originating Application
If mediation fails, or if you need formal court intervention from the start, you must complete an Originating Application. In this form, you will state exactly what type of parenting time and decision-making responsibility you are asking for. Will it be joint decision-making (both parents agree on major issues) or sole decision-making? You will file this paperwork at your local Supreme Court registry and pay the filing fee.
Step 3: Serving the Other Parent
You cannot proceed in secret. Once your application is issued by the court, it must be “personally served” to your ex-partner. This means a neutral adult (not you) or a professional process server must physically hand the documents to them. The other parent then has a set amount of time (usually 30 days if they live in Canada) to file a formal Response 📬.
Step 4: Case Management and Trial
Most cases never reach a full trial. You will attend Case Management Hearings, where a judge will informally discuss the issues with both of you and encourage a settlement. If you still cannot agree, the judge may order a formal assessment by a social worker or psychologist. Ultimately, if no agreement is reached, a judge will hear evidence at a trial and impose a final binding Parenting Order based on the child’s best interests.
How Much Does it Cost in Newfoundland and Labrador?
The cost of securing a parenting order heavily depends on how much you and your ex-partner argue. Amicable settlements are cheap; long trials are incredibly expensive.
| Type of Expense | Estimated Cost (CAD) |
|---|---|
| Family Justice Services (Mediation) | $0 |
| Court Filing Fee (Originating Application) | $132 |
| Process Server (to deliver documents) | $100 – $200 |
| Lawyer Fees (Drafting a Consent Agreement) | $1,500 – $3,000 |
| Lawyer Fees (Litigating a Contested Trial) | $10,000 – $30,000+ |
How Long Does the Process Take?
Patience is required. If you both agree on a parenting plan early through FJS, a lawyer can draft a Consent Order and have it approved by a judge within 2 to 4 months. However, if your case is highly contested, involves allegations of poor parenting, or requires a formal psychological assessment, navigating through case management to a final trial can easily take 1 to 2 years in Newfoundland and Labrador.
Frequently Asked Questions (FAQ)
Does a mother automatically get decision-making responsibility?
No. The law in Canada is entirely gender-neutral. The court operates on the principle of maximum contact, meaning it is usually in the child’s best interest to have significant time and involvement with both parents.
Can a child choose which parent to live with?
There is no specific “magic age” where a child gets to choose. However, as a child gets older and more mature (typically around the early teenage years), a judge will place much heavier weight on their views and preferences.
What is the difference between decision-making responsibility and parenting time?
Parenting time is the physical schedule (e.g., weekends, holidays). Decision-making responsibility is the legal authority to make major life choices for the child, such as medical treatments, schooling choices, and religious upbringing.
Can I move out of Newfoundland and Labrador with my child?
If the move will significantly impact the other parent’s parenting time, it is considered a “relocation.” You must provide formal written notice at least 60 days in advance. If the other parent objects, you cannot move until a judge grants permission based on the child’s best interests.
What if the other parent is ignoring the court order?
If a parent consistently denies parenting time established in a valid court order, you can file an application for contempt of court. A judge can order makeup time, fine the uncooperative parent, or in severe cases, change the primary residence of the child.
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