Holiday Parenting Time Schedules in New Brunswick: Complete 2026 Guide

New Brunswick parents must address 11 statutory holidays when creating parenting time schedules, with Christmas, Thanksgiving, and summer vacation requiring the most detailed planning. Under Canada's Divorce Act, R.S.C. 1985, c. 3, s. 16.1, courts allocate parenting time based solely on the child's best interests, giving primary consideration to physical, emotional, and psychological safety. The standard approach alternates major holidays annually between parents, with Christmas Eve going to one parent and Christmas Day to the other, then reversing the following year. Filing a parenting application in New Brunswick costs $100, and the Court of King's Bench Family Division processes these matters at all eight judicial districts across the province.

Key Facts: New Brunswick Holiday Parenting Time

How New Brunswick Courts Determine Holiday Parenting Time

New Brunswick courts apply the best interests of the child standard exclusively when making parenting orders, requiring consideration of 14 statutory factors under Divorce Act, R.S.C. 1985, c. 3, s. 16. The court gives primary consideration to the child's physical, emotional, and psychological safety, security, and well-being when allocating holiday parenting time. Under section 16.1(4)(d), courts have broad discretion to include holiday-specific terms such as exact exchange times, transportation responsibilities, and provisions for special occasions like birthdays and religious observances.

The 2021 amendments to the Divorce Act replaced the terms "custody" and "access" with "decision-making responsibility" and "parenting time," reflecting a child-centered approach rather than a parent-rights framework. New Brunswick's Family Law Act, SNB 2020, c. 23 mirrors these federal provisions for unmarried parents, ensuring consistent treatment regardless of marital status. Courts consider each parent's willingness to encourage the child's relationship with the other parent when crafting holiday schedules.

New Brunswick Statutory Holidays for Parenting Schedules (2026)

New Brunswick recognizes 11 statutory holidays in 2026, with 8 official public holidays and 3 optional ones that businesses may observe. Parents should address each holiday in their parenting plan to prevent disputes.

Complete Holiday Calendar 2026

Creating a Christmas Parenting Time Schedule

Christmas parenting arrangements in New Brunswick typically follow one of three structures: alternating years, splitting the holiday, or fixed schedules based on family traditions. The alternating approach gives Parent A the entire Christmas period (December 24-26) in even years and Parent B in odd years, providing each parent uninterrupted time during the most significant family celebration. The split approach divides Christmas Eve from Christmas Day, with one parent receiving December 24 at 4:00 PM through December 25 at 2:00 PM, and the other parent receiving December 25 at 2:00 PM through December 26 at 6:00 PM.

Sample Christmas Schedule Language

Effective parenting orders include precise exchange times and locations. A typical New Brunswick Christmas provision reads:

• Even-numbered years: Child with Parent A from December 23 at 5:00 PM until December 26 at 5:00 PM
• Odd-numbered years: Child with Parent B from December 23 at 5:00 PM until December 26 at 5:00 PM
• Exchange location: Tim Hortons at [specified address] in [city]
• Transportation: Receiving parent responsible for pick-up

Winter Break Considerations

New Brunswick schools typically close for 2 weeks during the Christmas period. Parents should address the full break, not just statutory holidays. One common approach divides the break at December 27 at noon, with one parent receiving the first half (including Christmas) and the other receiving the second half (including New Year's Eve and Day). The schedule reverses the following year.

Thanksgiving Parenting Time in New Brunswick

Thanksgiving in New Brunswick falls on the second Monday of October, creating a 3-day weekend from Saturday through Monday. Courts typically allocate the entire Thanksgiving weekend as a unit rather than splitting individual days. The standard approach alternates the full weekend annually, beginning Friday at 6:00 PM and ending Monday at 6:00 PM. Some parents prefer splitting the weekend, with one parent receiving Saturday and the other receiving Sunday and Monday, though this arrangement creates additional transitions that may not serve younger children's interests.

Thanksgiving Schedule Options

Summer Vacation Parenting Time

Summer parenting time in New Brunswick typically provides each parent extended uninterrupted periods ranging from 2 to 6 weeks. The Divorce Act permits courts to include provisions for vacation time under section 16.1(4)(d), which authorizes any appropriate terms. Courts commonly order 2 weeks of consecutive summer vacation time to each parent for children under age 6, increasing to 3-4 weeks for school-age children. Parents must provide 30-60 days written notice of intended vacation dates, with the first-choice selection alternating annually.

Summer Schedule Components

Effective summer parenting provisions address:

• Total weeks allocated to each parent (commonly 2-4 weeks each)
• Notice deadline for selecting dates (30-60 days is standard)
• First-choice priority (alternates odd/even years)
• Travel notification requirements
• Passport possession and consent procedures
• Communication schedule during extended absences
• Non-divisibility of school-year schedule during vacation periods

Special Occasions Beyond Statutory Holidays

New Brunswick parenting plans should address special occasions that carry significant emotional weight but lack statutory recognition. Mother's Day (second Sunday in May) and Father's Day (third Sunday in June) follow a straightforward rule: children spend Mother's Day with their mother and Father's Day with their father, regardless of the regular schedule. These provisions override any conflicting regular parenting time.

Additional Special Occasions

When Parents Cannot Agree on Holiday Schedules

New Brunswick provides multiple dispute resolution pathways when parents cannot reach agreement on holiday parenting time. Free mediation services are available through the public sector, offering a confidential process where a neutral mediator helps parents develop solutions without making decisions for them. The Family Law Information Line at 1-888-236-2444 provides general information on parenting orders and dispute resolution options.

Dispute Resolution Hierarchy

1. Negotiation: Parents communicate directly or through lawyers
2. Mediation: Free public sector services available; private mediators also practice throughout New Brunswick
3. Parenting Coordination: Child-focused ADR professional helps high-conflict parents implement existing orders
4. Court Application: $100 filing fee; court makes binding determination

Parenting coordinators combine mediation and arbitration authority, first attempting to facilitate agreement and then making binding decisions if negotiation fails. Courts appoint parenting coordinators in high-conflict cases where parents have existing orders but continue disputing implementation details. The coordinator's decision-making authority typically covers scheduling conflicts, exchange logistics, and holiday allocation disputes.

Relocation and Holiday Parenting Time

Relocation significantly impacts holiday parenting schedules, requiring careful planning when either parent moves. Under Divorce Act, R.S.C. 1985, c. 3, s. 16.9, a parent must provide 60 days written notice before relocating if the move will significantly impact the child's relationship with the other parent. The notice must include the relocation date, new address, contact information, and a proposal for modifying parenting time including holidays.

Relocation Notice Requirements

If the non-relocating parent objects within 30 days or files a court application, the relocating parent cannot move with the child until the court resolves the dispute. Courts consider how relocation will affect the child's relationship with both parents, the reason for the move, and whether proposed parenting time modifications maintain meaningful relationships.

Filing for Holiday Parenting Time Orders

Parents seeking a parenting order in New Brunswick file with the Court of King's Bench, Family Division at one of eight judicial district locations. The filing fee is $100 for a parenting time application. Fee waivers are available under Rules 72.24(2) when legal services are provided without charge and payment would cause financial hardship, or when the applicant receives assistance under the Family Income Services Act.

Filing Process Steps

1. Complete required forms (available at courtsnb-coursnb.ca)
2. Pay $100 filing fee or file Certificate of Solicitor (Form 72FF) for waiver
3. Serve documents on other parent
4. Attend case conference if ordered
5. Proceed to hearing if settlement not reached

Payment methods include certified cheque, money order, debit card, credit card, or cash payable to the Minister of Finance for the Province of New Brunswick. Court forms are available online through the New Brunswick Courts website.

Best Interests Factors for Holiday Decisions

The 2021 Divorce Act amendments codified 14 best interests factors courts must consider when making parenting orders, including holiday schedules. The primary consideration is the child's physical, emotional, and psychological safety, security, and well-being. Courts weigh family violence evidence heavily, considering its nature, seriousness, frequency, and whether it demonstrates a pattern of coercive control.

Statutory Best Interests Factors

• Child's needs based on age and stage of development
• Nature and strength of child's relationship with each parent
• Each parent's willingness to support the child's relationship with the other parent
• History of care for the child
• Child's views and preferences (weight varies by age and maturity)
• Child's cultural, linguistic, religious, and spiritual upbringing
• Parenting plans proposed by each parent
• Ability and willingness of each parent to care for the child
• Ability and willingness to communicate and cooperate on parenting matters
• Any family violence and its impact
• Civil or criminal proceedings relevant to child safety
• Any other relevant factor

For Indigenous children, courts must consider connections to community, heritage, and traditions when allocating holiday time, particularly for cultural celebrations and gatherings.

Modifying Existing Holiday Schedules

Parents may seek to change holiday parenting arrangements when circumstances shift materially. The test for modification requires demonstrating a material change in circumstances since the original order. Common grounds include relocation, changes in work schedules, the child's developmental needs, or safety concerns. Parents should first attempt to negotiate modifications directly or through mediation before filing a variation application.

Variation Application Process