Divorce with children in Nunavut is governed by the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), and decided by the Nunavut Court of Justice in Iqaluit. At least one spouse must have been ordinarily resident in Nunavut for one full year before filing under Divorce Act § 3(1). Since the March 1, 2021 amendments, Nunavut uses parenting time and decision-making responsibility instead of custody and access, and the only ground for divorce is breakdown of the marriage, most commonly shown by a one-year separation.
Key Facts: Divorce with Children in Nunavut
| Factor | Detail (As of January 2026) |
|---|---|
| Filing Fee | Confirm current amount with the Registry; the Northwest Territories rules Nunavut adopts charge a nominal or $0 initial filing fee. Verify with your local clerk. |
| Waiting Period | One-year separation is the most common basis; a divorce order takes effect 31 days after it is granted |
| Residency Requirement | One spouse ordinarily resident in Nunavut for 1 year before filing (Divorce Act § 3(1)) |
| Grounds | Breakdown of the marriage: 1-year separation, adultery, or cruelty (Divorce Act § 8) |
| Property Division Type | Equalization of family property under the territorial Family Law Act (separate from the federal divorce) |
| Governing Law for Children | Federal Divorce Act §§ 16–16.96; Federal Child Support Guidelines |
| Court | Nunavut Court of Justice, Iqaluit — Registry (867) 975-6100 / 1-866-286-0546 |
How Divorce with Children Works in Nunavut
Divorce with children in Nunavut is processed exclusively by the Nunavut Court of Justice, a unified superior court that hears all family matters across the territory's 25 communities. One spouse must have lived in Nunavut for at least 12 months immediately before filing, as required by Divorce Act § 3(1). The court applies the federal Divorce Act for the divorce itself, parenting arrangements, and support, while the territorial Family Law Act governs the division of family property.
Nunavut follows the Nunavut Divorce Rules (R-015-2021), which adopt the procedural framework of the Northwest Territories. A divorce begins with a Petition for Divorce (Form 1) or, for spouses who agree, a Joint Petition for Divorce. The single legal ground is breakdown of the marriage, established by living separate and apart for one year, adultery, or physical or mental cruelty under Divorce Act § 8. Most parents divorcing with children proceed on the one-year separation basis because it requires no proof of fault. Once a judge grants the divorce, the order becomes final 31 days later, after which a Certificate of Divorce can be issued.
Parenting Arrangements and Decision-Making Responsibility
Nunavut courts decide parenting arrangements based only on the best interests of the child, giving primary consideration to the child's physical, emotional, and psychological safety, security, and well-being under Divorce Act § 16. Since March 1, 2021, the terms custody and access no longer exist in federal law. Parents now hold parenting time (the schedule a child spends with each parent) and decision-making responsibility (authority over education, health, religion, and major activities).
The 2021 Divorce Act amendments (Bill C-78) replaced the old vocabulary across every divorce filed after that date. Decision-making responsibility can be allocated entirely to one parent, shared jointly, or divided by subject area. Parenting time is set out in a parenting order or a negotiated parenting plan that the court will incorporate if it serves the child. Section 16(3) lists eleven factors the court must weigh, including the child's needs, each parent's history of care, the child's views depending on age and maturity, the child's Inuit heritage and cultural upbringing, and any family violence. Nunavut's geography matters in practice: parenting plans must account for limited inter-community travel, seasonal flight schedules, and the high cost of moving children between hamlets, all of which the court considers when designing a workable schedule.
Best Interests of the Child Standard
The best interests of the child is the only test a Nunavut judge applies to parenting time and decision-making responsibility, and the child's safety receives primary consideration under Divorce Act § 16(2). Section 16(3) enumerates eleven factors, while section 16(4) adds eight more when family violence is alleged. There is no presumption favoring either parent, and the old maximum-contact rule was removed in 2021.
Under Divorce Act § 16(3), the court considers the child's needs given 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 history of caregiving; the child's views and preferences where they can be reasonably ascertained; the child's cultural, linguistic, religious, and spiritual heritage, including Inuit upbringing; any plans for the child's care; the ability of each person to care for the child; and any family violence. Section 16(6) replaced the maximum-contact principle with a direction that a child should have as much time with each parent as is consistent with the child's best interests. When family violence is present, Divorce Act § 16(4) requires the court to examine its nature, seriousness, frequency, and whether a pattern of coercive and controlling behavior exists before ordering any cooperative parenting arrangement.
Child Support Under the Federal Guidelines
Child support in a Nunavut divorce follows the Federal Child Support Guidelines, and the paying parent's obligation is calculated from the Nunavut table amount based on income and the number of children under Divorce Act § 15.1. The updated 2025 Federal Child Support Tables took effect October 1, 2025, and apply to all new or modified orders in 2026. For example, a parent earning $25,000 with two children pays roughly $407 per month under the Nunavut table.
The Guidelines set a base table amount that covers ordinary expenses, then add section 7 special or extraordinary expenses such as childcare, medical and dental premiums, and post-secondary costs, shared in proportion to each parent's income. Nunavut shares its table with the Northwest Territories and reflects the territory's tax structure. In shared parenting situations where each parent has the child at least 40 percent of the time, the court may adjust the amount using a set-off calculation. Support can be paid directly between parents or through Nunavut's Family Support Office (also called the Maintenance Enforcement program), which tracks payments, enforces orders, and pursues arrears. To change an existing order, a parent applies to the Nunavut Court of Justice; the Legal Services Board of Nunavut provides legal aid for support variations through its offices, including the head office in Gjoa Haven.
Co-Parenting and Building a Parenting Plan
A parenting plan in Nunavut is a written document setting out parenting time, decision-making responsibility, communication rules, and how disputes are resolved, and Nunavut courts will incorporate a plan that reflects the child's best interests under Divorce Act § 16.6. The 2021 amendments added a duty under Divorce Act § 7.3 for parents to try family dispute resolution, such as mediation or negotiation, where appropriate.
Effective co-parenting plans in Nunavut address the territory's unique realities: scheduling around the school calendar, holidays, and traditional seasonal activities; transportation logistics where many communities have no road connection and rely on scheduled flights; and the preservation of the child's Inuit language and cultural participation. A strong plan specifies the regular schedule, holiday and birthday rotation, how decisions about health and education are made, how parents will communicate (in writing for high-conflict situations), and a method for resolving disagreements before returning to court. Sections 7.1 to 7.5 of the Divorce Act impose duties on both parents to act in the child's best interests, shield children from conflict arising out of the proceeding, and comply with court orders. Where parents cannot agree, either may apply to the Nunavut Court of Justice for a parenting order, and the court may direct the parties to mediation first.
Relocation and Moving with a Child
A parent who wants to move with a child in Nunavut must give written notice, and a relocation that significantly affects the other parent's time requires at least 60 days' advance notice in the prescribed form under Divorce Act § 16.9. The other parent then has 30 days to object. These rules are critical in Nunavut, where moving between communities or south to a province often means a major change in flight time and cost.
The Divorce Act distinguishes a routine change of residence under Divorce Act § 16.8, which only requires notice to anyone with parenting time or decision-making responsibility, from a relocation under section 16.9, which triggers the formal 60-day notice and 30-day objection process. If no objection is filed within 30 days and no order prohibits the move, relocation may proceed; if the other parent objects, the moving parent must apply to court. Under Divorce Act § 16.92, the court weighs relocation-specific factors including the reasons for the move, its impact on the child, each parent's involvement, compliance with notice rules, and the reasonableness of the proposed new schedule. The burden of proof shifts depending on the existing arrangement: where parents share substantially equal time, the relocating parent must prove the move is in the child's best interests under Divorce Act § 16.93. In family violence cases, the court can modify or waive the notice requirements.
Filing Costs and Court Process Timeline
The cost to start a divorce with children in Nunavut centers on the petition filing fee, which the Nunavut Court of Justice Registry confirms on request; the Northwest Territories framework Nunavut adopts charges little to nothing for the initial application, though service, motions, and certificate fees may apply. As of January 2026, verify all fees directly with your local clerk before filing.
Nunavut does not publish a fixed online fee schedule, so applicants should contact the Registry at (867) 975-6100 or toll-free 1-866-286-0546 to confirm current amounts. Beyond filing, costs may include process server fees if the respondent must be personally served, photocopying, and lawyer fees if a parent retains counsel. An uncontested joint petition where both parents agree on parenting time, decision-making responsibility, and support is the fastest and cheapest route and can often be completed on paper without a hearing. A contested case involving disputed parenting arrangements or relocation requires interim motions, possible mediation, and a hearing, extending the timeline substantially. The divorce order itself takes effect 31 days after a judge grants it. The Legal Services Board of Nunavut offers legal aid for parents who qualify financially, covering family matters including parenting, support, and protection applications.