New Brunswick courts decide parenting arrangements based solely on the best interests of the child under both the federal Divorce Act, R.S.C. 1985, c. 3, s. 16 and the provincial Family Law Act, SNB 2020, c. 23, s. 50. The filing fee for a standalone parenting order application is $75, while divorce petitions including parenting arrangements cost $110 ($100 petition plus $10 clearance certificate). Parents must complete New Brunswick's Parent Information Program before finalizing any parenting order, and respondents have 30 days to reply to applications. The Court of King's Bench, Family Division handles all parenting matters across the province's eight judicial districts.
Key Facts: Parenting Arrangements in New Brunswick
| Requirement | Details |
|---|---|
| Filing Fee | $75 (parenting order only) or $110 (divorce with parenting) |
| Response Period | 30 days from service |
| First Court Appearance | 6-8 weeks after filing |
| Residency Requirement | 1 year in province (for divorce) |
| Governing Laws | Divorce Act (federal) + Family Law Act (provincial) |
| Property Division Type | Equitable distribution |
| Primary Standard | Best interests of the child |
| Shared Parenting Threshold | 40% or more time with each parent |
What Are Parenting Arrangements Under New Brunswick Law?
Parenting arrangements in New Brunswick encompass two distinct legal concepts: decision-making responsibility and parenting time. Decision-making responsibility grants a parent authority over significant choices affecting a child's health, education, religion, and extracurricular activities. Parenting time refers to the schedule determining when a child resides with each parent. Under Section 2 of the Family Law Act, SNB 2020, c. 23, these terms replaced the older terminology of "custody" and "access" effective when the Act came into force.
New Brunswick aligned its provincial legislation with the federal Divorce Act amendments that took effect on March 1, 2021. The federal changes, contained in Bill C-78, represented the most significant overhaul of Canadian family law in over 35 years. Parents who separate without filing for divorce proceed under the provincial Family Law Act, while divorcing parents fall under the federal Divorce Act. Both statutes now use identical terminology and apply the same best-interest factors, ensuring consistency regardless of which legal pathway parents choose.
The Family Division of the Court of King's Bench exercises exclusive jurisdiction over parenting matters in New Brunswick. Cases proceed through one of eight judicial districts: Moncton, Saint John, Fredericton, Miramichi, Woodstock, Bathurst, Edmundston, or Campbellton. In Moncton and Saint John, a Case Management Master conducts initial appearances; in other districts, a judge presides directly. This distinction affects procedural timelines but not substantive outcomes.
How Does New Brunswick Determine the Best Interests of the Child?
New Brunswick courts must consider only the best interests of the child when making parenting orders, giving primary consideration to the child's physical, emotional, and psychological safety, security, and well-being under Section 50(2) of the Family Law Act. The court evaluates a comprehensive list of factors including the child's needs given their age and development stage, the nature and strength of relationships with each parent and siblings, and each parent's willingness to support the child's relationship with the other parent.
The best-interest factors under both federal and provincial law include:
- The child's needs considering age and stage of development, including need for stability
- The nature and strength of the child's relationship with each parent, siblings, grandparents, and other important persons
- Each parent's willingness to support the child's relationship with the other parent
- The history of care for the child
- The child's views and preferences, giving due weight to age and maturity
- The child's cultural, linguistic, religious, and spiritual upbringing and heritage
- Plans for the child's care
- Each parent's ability and willingness to communicate and cooperate on parenting matters
- Any family violence and its impact on parenting ability
- Any civil or criminal proceedings relevant to the child's safety
Family violence receives heightened scrutiny under Section 50(4) of the Family Law Act. Courts examine the nature, seriousness, and frequency of violence; whether coercive and controlling behaviour exists; whether violence is directed at the child or the child is exposed to it; the physical, emotional, and psychological harm or risk to the child; any compromise to safety; whether family members fear for their safety; and any rehabilitative steps taken by the person who engaged in violence.
What Types of Parenting Time Schedules Are Available in New Brunswick?
New Brunswick recognizes three primary parenting time arrangements: sole parenting time where one parent has the child more than 60% of the year, shared parenting time where each parent has at least 40% of parenting time, and split parenting where different children from the same family live primarily with different parents. The 40% threshold for shared parenting—equivalent to approximately 146 days per year—affects child support calculations under the Federal Child Support Guidelines.
Common parenting time schedules in New Brunswick include:
| Schedule Type | Time Split | Best Suited For |
|---|---|---|
| Alternating Weeks | 50/50 | School-age children, cooperative parents |
| 2-2-5-5 Rotation | 50/50 | Parents wanting frequent contact |
| 4-3 Schedule | 57/43 | Parents with different work schedules |
| Every Other Weekend + Midweek | 70/30 | Young children needing primary home base |
| 5-2-2-5 Schedule | 50/50 | Parents who prefer longer stretches |
Under Section 16(6) of the Divorce Act, courts must give effect to the principle that a child should have as much time with each parent as is consistent with the best interests of the child. However, the Supreme Court of Canada confirmed in Barendregt v. Grebliunas, 2022 SCC 22, that this "maximum parenting time" principle does not create a presumption of equal time. The principle is better understood as the "parenting time factor" and must not detract from the child-centric nature of the inquiry.
What Is Decision-Making Responsibility in New Brunswick?
Decision-making responsibility in New Brunswick grants a parent authority over significant decisions affecting a child's well-being, distinct from day-to-day caregiving decisions made during parenting time. Major decisions typically include healthcare choices, educational decisions, religious upbringing, and participation in extracurricular activities. Under Section 2 of the Family Law Act, decision-making responsibility specifically covers "significant decisions about a child's well-being."
New Brunswick courts can allocate decision-making responsibility in several ways:
- Joint decision-making: Both parents must consult and agree on major decisions
- Sole decision-making: One parent has exclusive authority over all major decisions
- Divided decision-making: Each parent has authority over specific decision categories (e.g., one parent decides education, the other decides healthcare)
- Parallel decision-making: Each parent makes decisions during their parenting time without consulting the other
By default, parents retain joint decision-making responsibility until a court orders otherwise or parents agree to different arrangements. Joint decision-making requires parents who can communicate effectively and cooperate despite their separation. When parents cannot cooperate, courts may award sole decision-making responsibility to one parent or divide responsibilities by category.
How Do You File for Parenting Arrangements in New Brunswick?
Filing for parenting arrangements in New Brunswick requires submitting applications to the Family Division of the Court of King's Bench, with a $75 filing fee for standalone parenting applications or $110 for divorce petitions including parenting arrangements. Forms are available through the New Brunswick Courts website and must be filed with the court registry in the judicial district where the children reside. Service on the other parent must occur within a specified timeframe, and the respondent has 30 days to file a response.
The filing process follows these steps:
- Complete the appropriate application form (Form 72A for single-party divorce petition, Form 72B for joint petition, or Form 73A for Family Law Act applications)
- Prepare a proposed parenting plan outlining your requested arrangements
- File documents with the Court Registry and pay the applicable fee
- Serve the other parent with filed documents
- Wait for the 30-day response period
- Attend the initial court appearance (typically 6-8 weeks after filing)
- Participate in case conferences or family dispute resolution as directed
- Proceed to trial if agreement cannot be reached
Fee waivers are available under Rule 72.24(2) of the Rules of Court for New Brunswick residents receiving social assistance under the Family Income Security Act or those represented by Legal Aid. The Registrar also has discretion to waive fees when a solicitor certifies that no remuneration will be paid for legal services and that paying the filing fee would impose financial hardship.
What Is the Parent Information Program in New Brunswick?
The Parent Information Program (PIP) is a free, self-guided online program that New Brunswick requires separating and divorcing parents to complete before finalizing parenting arrangements. The program consists of three components: a one-hour parent information video covering the impact of separation on children, a 20-minute family law information video explaining legal processes, and a 20-30 minute multiple-choice quiz. Parents must complete PIP independently and cannot view it together.
PIP covers critical topics including:
- How separation affects children at different developmental stages
- Communication strategies for reducing conflict
- The importance of keeping children out of parental disputes
- Overview of New Brunswick's family court system
- Resources available to families in transition
- The difference between parenting time and decision-making responsibility
The Social Supports NB website hosts the Parent Information Program, accessible at socialsupportsnb.ca. Completion certificates must be filed with the court before a parenting order can be finalized. The program takes approximately 2-3 hours total to complete and can be accessed at any time from any device with internet access.
How Does Family Dispute Resolution Work in New Brunswick?
Family dispute resolution in New Brunswick encompasses negotiation, mediation, collaborative law, and parenting coordination as alternatives to court litigation. Under Section 8(1) of the Family Law Act, SNB 2020, c. 23, courts may direct parties to attend family dispute resolution processes. The costs of court-ordered dispute resolution services are typically split equally between parents unless the court directs otherwise.
Mediation services in New Brunswick are available through private mediators and some community-based family services. The province has offered free mediation services for families experiencing separation and divorce, though availability varies by region. Collaborative family law involves each parent retaining a collaboratively-trained lawyer, with all parties committing to reach agreement without court intervention. If the collaborative process fails, both lawyers must withdraw and parents must retain new counsel for litigation.
Parenting coordinators assist parents who have existing parenting orders but experience ongoing disputes about implementation. Parenting coordinators typically have backgrounds as family lawyers, mental health professionals, social workers, or family therapists. They combine mediation and arbitration techniques to resolve day-to-day parenting disagreements without returning to court. New Brunswick follows general Canadian standards requiring parenting coordinators to have at least 5 years of family-related practice experience and 40 hours of specialized training.
How Does Child Support Interact With Parenting Arrangements?
Child support in New Brunswick follows the Federal Child Support Guidelines, with payment amounts determined by the paying parent's gross annual income and the number of children, as published in the Federal Child Support Tables for New Brunswick. The parenting arrangement directly affects support calculations: when one parent has primary parenting time (more than 60%), the other parent pays table-amount support; when parents share parenting time (each has at least 40%), both incomes factor into a more complex calculation.
The Federal Child Support Guidelines calculation considers:
| Parenting Arrangement | Support Calculation Method |
|---|---|
| Primary Parenting (one parent has 60%+) | Paying parent pays table amount based on income |
| Shared Parenting (each parent has 40%+) | Set-off calculation using both parents' table amounts |
| Split Parenting (different children with different parents) | Each parent pays table amount for children with other parent, then set-off |
New Brunswick launched a child support recalculation service that allows parents to update support amounts based on income changes without returning to court. This administrative service, available through the Court of King's Bench, Family Division, adjusts support annually based on updated income information. Special or extraordinary expenses—including childcare, healthcare premiums, educational costs, and extracurricular activities—are shared proportionally based on parental incomes, separate from the base table amount.
Can Parenting Arrangements Be Modified in New Brunswick?
Parenting arrangements in New Brunswick can be modified when there has been a material change in circumstances affecting the best interests of the child, with the party seeking modification bearing the burden of proving the change warrants court intervention. Under Section 17 of the Divorce Act for divorce orders or Section 59 of the Family Law Act for provincial orders, courts reassess parenting arrangements using the same best-interest factors applied to initial orders.
Material changes that may justify modification include:
- Relocation by either parent affecting the child's relationship with the other parent
- Significant changes in a parent's work schedule
- The child's changing developmental needs or expressed preferences
- Concerns about a parent's ability to provide appropriate care
- New family violence or safety concerns
- A parent's failure to exercise parenting time
- Changes in the child's educational or extracurricular needs
Relocation cases receive special treatment under Section 16.9 of the Divorce Act and corresponding provincial provisions. A parent proposing relocation must provide written notice to the other parent at least 60 days before the planned move. If the other parent objects within 30 days, the relocating parent must either abandon the plan or seek court authorization. Courts consider additional factors specific to relocation, including the reasons for the move, the impact on the child's relationships, and whether the move is being proposed in good faith.
What Happens When Parents Cannot Agree on Parenting Arrangements?
When New Brunswick parents cannot reach agreement on parenting arrangements, the matter proceeds to a contested hearing before the Family Division of the Court of King's Bench, where a judge applies the best-interest factors and makes a determination. Contested cases typically involve multiple court appearances over several months, with costs potentially exceeding $15,000-$50,000 per party depending on complexity. The court may order assessments by social workers or psychologists to inform its decision.
The contested case process typically includes:
- Initial case conference with a Case Management Master (Moncton/Saint John) or judge (other districts)
- Financial disclosure exchange within specified deadlines
- Possible referral to family dispute resolution services
- Pre-trial conference to narrow issues and explore settlement
- Trial scheduling (often 6-18 months after filing)
- Trial with testimony and evidence presentation
- Judicial decision rendered either from the bench or in written reasons
Courts may appoint a lawyer to represent the child's interests under Section 64 of the Family Law Act in complex or high-conflict cases. The Minister of Social Development receives notice of all parenting proceedings and may intervene to ensure children's interests are properly represented. Judges have broad discretion to order parenting arrangements that differ from what either parent requested if the evidence supports a different outcome in the child's best interests.
Frequently Asked Questions About Parenting Arrangements in New Brunswick
How much does it cost to file for parenting arrangements in New Brunswick?
The filing fee for a standalone parenting order application is $75, while divorce petitions that include parenting arrangements cost $110 ($100 for the petition plus $10 for the Clearance Certificate from Ottawa). Fee waivers are available for recipients of social assistance under the Family Income Security Act and those represented by Legal Aid under Rule 72.24(2) of the New Brunswick Rules of Court. As of March 2026, verify current fees with your local court registry.
How long does it take to get a parenting order in New Brunswick?
Uncontested parenting cases in New Brunswick typically conclude within 3-4 months from filing, while contested cases may take 12-24 months to reach trial and final resolution. The respondent has 30 days to file a response after service, and the first court appearance occurs approximately 6-8 weeks after filing. Case complexity, court scheduling, and the parties' willingness to negotiate all affect timelines.
Is there a presumption of 50/50 parenting time in New Brunswick?
No, New Brunswick law does not presume equal parenting time. Under Section 16(6) of the Divorce Act and Section 51(3) of the Family Law Act, courts apply the principle that children should have as much time with each parent as is consistent with their best interests—but the Supreme Court of Canada confirmed in Barendregt v. Grebliunas (2022) that this does not create an equal-time presumption.
What is the difference between parenting time and decision-making responsibility?
Parenting time refers to the schedule when a child is in each parent's care, encompassing physical presence and day-to-day caregiving. Decision-making responsibility grants authority over major decisions about the child's health, education, religion, and significant activities. A parent may have limited parenting time while sharing decision-making responsibility, or have substantial parenting time while the other parent holds sole decision-making authority.
Can grandparents get parenting time or contact orders in New Brunswick?
Yes, under Section 57 of the Family Law Act, grandparents and other persons who have established a relationship with a child may apply for contact orders. Courts apply the same best-interest analysis but consider the nature of the relationship between the applicant and child. Contact orders differ from parenting orders and do not include decision-making responsibility. The applicant must demonstrate that contact serves the child's best interests.
What happens if one parent wants to relocate with the children?
The relocating parent must provide at least 60 days written notice before moving under Section 16.9 of the Divorce Act. If the other parent objects within 30 days, the relocating parent must either abandon the plan or seek court authorization. Courts consider the reasons for relocation, impact on the child's relationship with both parents, and whether the move is proposed in good faith. The burden of proof varies based on the existing parenting arrangement.
How do courts consider a child's wishes in parenting decisions?
Courts must consider the child's views and preferences under Section 50(2) of the Family Law Act, giving them weight appropriate to the child's age and maturity. Children are not called to testify in court; instead, their views may be obtained through interviews with social workers, child custody assessors, or child legal representatives. Older teenagers' preferences typically receive greater weight, though courts remain free to order arrangements contrary to stated preferences if in the child's best interests.
Can I represent myself in a parenting case in New Brunswick?
Yes, self-represented litigants may proceed in Family Division without a lawyer. The Public Legal Education and Information Service of New Brunswick (PLEIS-NB) publishes "Doing Your Own Divorce in New Brunswick" available at provincial libraries or for $10 from PLEIS-NB at (506) 453-5369. The Family Law Information Line at 1-888-236-2444 provides general information. However, complex contested cases significantly benefit from legal representation.
What is a parenting plan and is it required in New Brunswick?
A parenting plan is a written document outlining parenting time schedules, decision-making responsibility allocation, and dispute resolution procedures. While not technically required, courts strongly encourage parenting plans and expect each parent to submit proposed plans in contested cases. Plans should address regular schedules, holidays, vacations, communication methods, exchange logistics, and procedures for making changes. Detailed plans reduce future conflict.
How does family violence affect parenting arrangements in New Brunswick?
Family violence is a primary consideration under Section 50(4) of the Family Law Act. Courts examine the nature, seriousness, and frequency of violence; patterns of coercive control; whether children were exposed; physical and psychological harm or risk; and rehabilitative steps taken. Family violence may result in supervised parenting time, sole decision-making responsibility for the non-violent parent, or restrictions on parenting time. Courts also consider civil protection orders and criminal proceedings.
This guide provides general legal information about parenting arrangements in New Brunswick as of March 2026. Laws and procedures change, and individual circumstances vary significantly. For advice specific to your situation, consult a New Brunswick family lawyer or contact Legal Aid New Brunswick at 1-800-999-9599. Filing fees verified as of March 2026; confirm current amounts with the Court of King's Bench registry before filing.