A parenting plan in New Brunswick is a written agreement that sets out parenting time and decision-making responsibility for children after separation or divorce. Under the federal Divorce Act (R.S.C. 1985, c. 3, s. 16.1) and the provincial Family Law Act (S.N.B. 2020, c. 23), all parenting decisions rest on one test: the best interests of the child. There is no presumption of equal time.
New Brunswick replaced "custody" and "access" with "parenting time" and "decision-making responsibility" when the 2021 Divorce Act amendments took effect on March 1, 2021. A parenting plan New Brunswick families create today must use this modern language and address both the schedule of care and how major decisions get made. This guide explains how to build an enforceable plan, what courts require, and how relocation, filing, and dispute resolution work.
Key Facts: Parenting Plans in New Brunswick
| Item | Detail |
|---|---|
| Filing fee (divorce) | $110 total ($100 petition + $10 Clearance Certificate) |
| Waiting period | 31-day appeal window before divorce becomes final |
| Residency requirement | One spouse resident in New Brunswick for 12 months before filing |
| Governing law | Divorce Act § 16.1 (federal); Family Law Act § 50 (provincial) |
| Property division type | Equitable division of marital property (not community property) |
| Court | Court of King's Bench, Family Division (8 judicial districts) |
Filing fees and procedures are accurate as of February 2026. Verify with your local Court of King's Bench clerk before filing, as fees can change.
What a Parenting Plan in New Brunswick Must Include
A parenting plan in New Brunswick must address two core areas: parenting time (when the child is in each parent's care) and decision-making responsibility (who makes major decisions about education, health, and religion). Under Divorce Act § 16.1, courts can allocate these elements jointly or separately, so a parent may have shared parenting time but sole decision-making, or any other combination.
A complete custody agreement in New Brunswick goes beyond a basic schedule. It should specify the regular weekly co-parenting schedule, holiday and school-break rotations, vacation rules, exchange times and locations, communication methods between parents, and a process for resolving future disagreements. The federal Divorce Act and the Family Law Act both require that the arrangement serve the child's physical, emotional, and psychological needs. A plan that addresses these details proactively reduces conflict and the chance of returning to court. New Brunswick courts treat a thorough, child-centred parenting plan as strong evidence that both parents are focused on the child rather than on winning a dispute.
Decision-Making Responsibility
Decision-making responsibility under Family Law Act § 50 covers significant choices about a child's well-being, including where the child attends school, the child's medical and dental care, religious upbringing, and significant extracurricular activities. Parents can share this responsibility equally, divide it by subject area, or assign it to one parent. Routine daily decisions (meals, bedtime, homework) typically belong to whichever parent has the child at that time, and the plan should say so to prevent micromanagement disputes.
How New Brunswick Courts Decide Parenting Arrangements
New Brunswick courts decide parenting arrangements using a single legal standard: the best interests of the child, codified in Divorce Act § 16 and Family Law Act § 50. There is no presumption of equal parenting time and no preference for either parent based on gender. Each case turns on its own facts, weighed against a statutory list of factors.
The best-interests factors a court must consider include the child's needs given their age and stage of development; the nature and strength of the child's relationship with each parent, siblings, and grandparents; each parent's willingness to support the child's relationship with the other parent; the child's views and preferences (given appropriate weight by age and maturity); the child's cultural, linguistic, religious, and spiritual heritage, including Indigenous heritage; and any history of family violence. Under Divorce Act § 16(3), a child's needs are given primary consideration. Family violence is assessed under Divorce Act § 16(4), which lists factors such as the pattern of coercive behaviour and the risk to the child. A judge weighs all relevant factors together; no single factor is automatically decisive.
Parenting Time Schedule Options in New Brunswick
A parenting time schedule in New Brunswick can range from equal shared time to primarily one home with scheduled time for the other parent. The Divorce Act does not require any specific split; the parenting time schedule must simply reflect the child's best interests under Divorce Act § 16. Common arrangements include week-on/week-off (50/50), a 2-2-3 rotation, and alternate weekends with a midweek visit.
When parents share roughly equal parenting time, the child support payable often reflects the set-off approach under the Federal Child Support Guidelines, where each parent's Guideline amount is calculated and the higher earner pays the difference. Below is a comparison of common co-parenting schedule structures used in New Brunswick parenting plans.
| Schedule Type | Time Split | Best Suited For | Exchanges Per Week |
|---|---|---|---|
| Week-on/week-off | 50/50 | Older children, low-conflict parents | 1 |
| 2-2-3 rotation | 50/50 | Younger children needing frequent contact | 3 |
| Alternate weekends + midweek | ~70/30 | One primary home, school stability | 2-3 |
| Alternate weekends only | ~80/20 | Long distance between parents | 1 |
| Primary parent + scheduled time | 85/15+ | High-conflict or safety concerns | Varies |
A parenting time schedule should also fix holidays and special days. Many New Brunswick plans alternate major holidays by year, split the December break in half, and let each parent have the child on their own birthday and on Mother's or Father's Day regardless of the regular rotation.
Reaching Agreement: Family Dispute Resolution
New Brunswick law encourages parents to resolve parenting matters outside court through family dispute resolution before litigating. Under Family Law Act § 8, the court may direct parties to a family dispute resolution process, and the Divorce Act § 7.7 imposes a duty on parents to try to resolve matters through such processes where appropriate. These methods are typically faster and far less expensive than a contested trial.
Family dispute resolution includes negotiation, mediation, and collaborative family law. In mediation, a neutral third party helps parents craft a co-parenting schedule and decision-making terms they both accept. New Brunswick offers a free Family Law Information Line at 1-888-236-2444 and resources through the Public Legal Education and Information Service of New Brunswick (PLEIS-NB). When parents reach agreement, they can keep the parenting plan private as part of a separation agreement, or ask the Court of King's Bench to incorporate the terms into a consent order, which makes them enforceable. To be turned into a consent order, both parents must sign the plan before a witness or through their lawyers. Lawyers in New Brunswick are also required under the Divorce Act to advise clients about these out-of-court options.
Making the Plan Legally Binding
A parenting plan becomes legally enforceable in New Brunswick when a court issues it as a parenting order under Divorce Act § 16.1 or Family Law Act § 52. A signed private agreement is a contract between parents, but only a court order can be enforced directly through the Family Division if one parent breaches the schedule. Turning an agreed plan into a consent order costs the standard court filing fee.
There are two paths to a binding plan. The first is a consent order: parents agree, sign the plan, and submit it to the Court of King's Bench, Family Division, which reviews it against the best-interests test and issues a parenting order. The second is a contested hearing: when parents cannot agree, each submits a proposed parenting plan, and a judge decides after considering evidence and the statutory factors. Even in contested cases, a well-drafted parenting plan demonstrates to the court that you have thought carefully about the child's routine, schooling, and emotional needs. If your divorce involves children, the Divorce Act requires you to file in the province where the children ordinarily reside, ensuring the court closest to the child handles parenting and support.
Relocation and Moving With a Child
A parent in New Brunswick who wants to relocate with a child must give at least 60 days' written notice to every other person with parenting time, decision-making responsibility, or contact, under Divorce Act § 16.9. The notice must include the proposed move date, the new address and contact information, and a proposal for how parenting time would be exercised after the move. This rule took effect with the 2021 amendments and applies across New Brunswick.
The other parent has 30 days to object after receiving notice. If no objection is filed and no court order prohibits the move, the relocation may proceed after the notice period. If an objection is filed, a court decides based on the best interests of the child under Divorce Act § 16.92, considering the reasons for the move, its impact on the child, the time each parent spends with the child, and whether notice rules were followed. The burden of proof under Divorce Act § 16.93 shifts depending on the existing schedule: where parenting time is substantially equal, the relocating parent must prove the move serves the child's best interests; where the relocating parent already has substantially more parenting time, the objecting parent must prove the move is not in the child's best interests. A family-violence exception under Divorce Act § 16.9(3) allows a court to waive or modify the notice requirement to protect the child or a parent.
Filing Costs and Court Process
The filing fee for a divorce in New Brunswick is $110, broken down as $100 for the Petition for Divorce plus $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa, under Rules of Court, Rule 72.24. After the divorce judgment takes effect, a Certificate of Divorce (Form 72O) costs an additional $7. These amounts are accurate as of February 2026; verify with your local clerk before filing.
To start, you file a Petition for Divorce (Form 72A) or a Joint Petition for Divorce (Form 72B) with the Registrar of the Court of King's Bench, Family Division, in the judicial district where you, your spouse, or your children ordinarily reside. Fee waivers are available under Rules of Court, Rule 72.24(2) for residents receiving social assistance under the Family Income Security Act, those represented by domestic Legal Aid, or where a solicitor certifies financial hardship by filing a Certificate of Solicitor (Form 72FF). Payment is made by cheque or money order to the Minister of Finance for the Province of New Brunswick. A divorce with children requires the court to be satisfied that reasonable parenting and child support arrangements are in place before granting the judgment, so your parenting plan is a central part of the file.
Modifying a Parenting Plan
A New Brunswick parenting order can be changed when there has been a material change in circumstances affecting the child, under Divorce Act § 17 or Family Law Act § 56. A material change is a significant, unforeseen shift not contemplated when the original order was made, such as a parent's relocation, a change in the child's needs, or a substantial change in work schedules.
If both parents agree on the change, they can submit a revised consent order to the Court of King's Bench, Family Division, for approval. If they disagree, the parent seeking the change files a motion to vary and must show the court both a material change in circumstances and that the proposed new arrangement serves the child's best interests. The court will not reopen a parenting order simply because one parent is unhappy; the threshold of a genuine material change protects children from constant re-litigation. New Brunswick is also implementing an administrative child support recalculation service to adjust support amounts based on updated income without a court hearing, which can keep financial terms current as incomes change.