N.L. Bill 12 Passes: 'Custody' Out, 'Parenting Time' In (2026)

Newfoundland and Labrador's House of Assembly passed Bill 12 on third reading in 2026, amending the Children's Law Act and Family Law Act to abolish the words "custody" and "access" in favour of "decision-making responsibility," "parenting time," and "contact." For separating parents in the province, the legal test stays child-focused, but the language now mirrors the federal Divorce Act reforms of 2021.

Key Facts

Introduced by Justice and Public Safety Minister Helen Conway Ottenheimer, Bill 12 was reported by the Government of Newfoundland and Labrador as a modernization that centres the child's best interests, adds clear relocation and safety provisions, and strengthens enforcement rules. The reform brings provincially governed families into line with the terminology already used federally for divorcing couples since March 1, 2021.

Why this change matters legally

Bill 12 changes the vocabulary of family law in Newfoundland and Labrador, not the underlying legal standard. Provincial courts already decided parenting disputes on the child's best interests; the amendment removes the adversarial framing of "custody" (implying ownership) and "access" (implying a visitor) and replaces it with functional terms that describe what parents actually do. "Decision-making responsibility" covers major choices about a child's health, education, religion, and significant activities. "Parenting time" describes the schedule each parent spends caring for the child. "Contact" applies to non-parents, such as grandparents, who seek time with a child.

The practical significance is real. Before 2021, families in the same household could face two vocabularies: divorcing spouses used the federal Divorce Act's modern terms, while unmarried parents and post-divorce provincial matters used "custody" and "access." Bill 12 closes that gap. A separated couple in St. John's who never married will now use the same language as a divorcing couple, reducing confusion in agreements, court orders, and enforcement. This is a substantive gain in clarity even though the best-interests test itself is unchanged.

How Newfoundland and Labrador law now handles parenting

Under the amended Children's Law Act and Family Law Act, courts in Newfoundland and Labrador determine parenting arrangements by applying the best interests of the child as the only consideration. Judges weigh factors such as the child's needs, the nature of the child's relationship with each parent, each parent's willingness to support the child's relationship with the other, any history of family violence, and the child's views where appropriate given age and maturity. These factors track the federal Divorce Act framework that has applied to divorcing couples since March 1, 2021.

Bill 12 also imports structured relocation rules. A parent who intends to move with a child must give notice to the other parent, and the court assesses the proposed move against the child's best interests, considering the reasons for the move and its effect on the child's relationships. The amendments add explicit safety provisions requiring courts to consider family violence, and they strengthen enforcement mechanisms for parenting-time orders. Because Newfoundland and Labrador is a common-law province, these provincial rules operate alongside the federal Divorce Act, which governs parenting issues when a couple is actually divorcing.

Parents should understand which statute applies to them. If you are married and pursuing a divorce, the federal Divorce Act controls decision-making responsibility and parenting time. If you are unmarried, or married but not seeking a divorce, the provincial Children's Law Act and Family Law Act now govern using the same terminology. Bill 12 makes those two tracks consistent for the first time.

Practical takeaways for N.L. parents

1. Update your written agreement. If you have an existing separation agreement or consent order using "custody" and "access," the terms remain legally valid, but consider updating language to "decision-making responsibility" and "parenting time" when you next amend it, so the document matches current statutory wording.

2. Know which statute governs your case. Married and divorcing means the federal Divorce Act; unmarried or non-divorce provincial matters now fall under the amended Children's Law Act and Family Law Act. The terminology is now identical, but the governing statute still determines procedure and remedies.

3. Follow the relocation notice rules. If you plan to move with your child, provide written notice to the other parent as the amendments require. Failing to give proper notice can undermine your position and delay a court's approval of the move.

4. Document parenting time precisely. Because "parenting time" describes an actual schedule, spell out dates, exchange times, holidays, and communication expectations. Precise schedules reduce enforcement disputes under the strengthened enforcement provisions.

5. Raise safety concerns early. Bill 12 requires courts to consider family violence. If safety is an issue, gather documentation and speak with a family law lawyer or, in an emergency, contact local police or a crisis line immediately.

If you are separating or divorcing in Newfoundland and Labrador and are unsure how the new terminology affects your existing order or agreement, a local family law lawyer can explain how Bill 12 maps onto your situation and whether any documents should be updated. Getting clarity early prevents costly disputes later.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.