New Brunswick courts recognize virtual visitation as a legitimate component of parenting time under both the federal Divorce Act and the provincial Family Law Act. Under Divorce Act, R.S.C. 1985, c. 3, s. 16.1(4)(c), a parenting order may include requirements with respect to any means of communication between a child and a parent during allocated parenting time, including video calls, FaceTime, and other electronic communication methods. The Court of King's Bench, Family Division has authority to order telephone calls, texts, or videoconferences such as Skype or FaceTime between a parent and child when the child is under the care of another parent.
Key Facts: Virtual Visitation in New Brunswick
| Factor | Details |
|---|---|
| Governing Laws | Divorce Act, R.S.C. 1985, c. 3, s. 16.1; Family Law Act, SNB 2020, c. 23, s. 47 |
| Filing Fee | $75 for parenting application; $110 for divorce petition |
| Residency Requirement | One year habitual residence in New Brunswick |
| Court | Court of King's Bench, Family Division |
| Standard | Best interests of the child |
| Terminology | Parenting time (not visitation); decision-making responsibility (not custody) |
What Is Virtual Visitation in New Brunswick?
Virtual visitation in New Brunswick refers to court-ordered or agreed-upon electronic communication between a child and a parent during periods when the child is in the care of the other parent. Under Divorce Act, s. 16.1(4)(c), New Brunswick courts may include in any parenting order specific requirements for video calls, text messages, phone calls, or other digital communication methods. This electronic communication counts as a component of parenting time even though the parent and child are not physically together, as parenting time is defined under Family Law Act, s. 1 as time a child spends in the care of a parent whether or not the child is physically with that person during all of that period.
The federal Department of Justice Canada has clarified that courts may order video calls through platforms such as FaceTime, Skype, Zoom, or WhatsApp to help maintain relationships between children and parents when they are apart. New Brunswick adopted this framework through amendments to the Family Law Act in 2020, ensuring consistency with federal legislation. Courts recognize that virtual visitation serves a supplementary role to in-person parenting time rather than replacing physical contact between parent and child.
Legal Framework for Electronic Communication in Parenting Orders
New Brunswick virtual visitation rights derive from two primary pieces of legislation that work together to protect parent-child relationships through technology. The Divorce Act applies to separating spouses, while the Family Law Act applies to unmarried parents and other family law matters. Both statutes use identical terminology and apply the same best interests of the child standard when courts make parenting orders that include electronic communication provisions.
Under Divorce Act, s. 16.1(1), a court of competent jurisdiction may make an order providing for the exercise of parenting time or decision-making responsibility in respect of any child of the marriage. Section 16.1(4) specifies that a parenting order may include provisions for parenting time, decision-making responsibility, and any means of communication that occurs during parenting time between a child and another person to whom parenting time or decision-making responsibility is allocated. The Family Law Act, s. 47 mirrors these provisions for provincial matters, giving New Brunswick courts comprehensive authority to order virtual visitation regardless of whether parents were married.
Types of Electronic Communication Courts May Order
| Communication Type | Common Platforms | Age Suitability |
|---|---|---|
| Video calls | FaceTime, Zoom, Skype, WhatsApp Video | Children 3+ years |
| Voice calls | Telephone, WhatsApp, Messenger | All ages |
| Text messaging | SMS, iMessage, WhatsApp | Children 8+ years (reading age) |
| Gmail, Outlook | Children 10+ years | |
| Gaming platforms | Roblox, Minecraft, online games | Children 6+ years with supervision |
| Co-parenting apps | OurFamilyWizard, TalkingParents | Facilitates all communication |
How New Brunswick Courts Determine Virtual Visitation Arrangements
New Brunswick courts apply the best interests of the child standard when determining whether to include virtual visitation in a parenting order and what form that electronic communication should take. Under Divorce Act, s. 16 and Family Law Act, s. 50, the court must take into consideration only the best interests of the child in making a parenting order, giving primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. The court considers all factors related to the circumstances of the child, including the child's age, maturity, and ability to engage with technology.
When evaluating virtual visitation requests, New Brunswick judges typically consider the child's age and developmental stage, the distance between parents' residences, work schedules that limit in-person contact, the quality of the parent-child relationship, each parent's willingness to facilitate electronic communication, and the technology available to both households. Courts recognize that virtual visitation is most effective for children aged 3 years and older who can engage meaningfully with video technology, while younger children may have difficulty sustaining attention during video calls.
Best Interests Factors Relevant to Virtual Visitation
Under Family Law Act, s. 50(2), the court must consider multiple factors when determining the best interests of the child for parenting arrangements including virtual visitation:
- The child's needs, given the child's age and stage of development
- The nature and strength of the child's relationship with each parent and other significant persons
- Each parent's willingness to support the development and maintenance of the child's relationship with the other parent
- The ability and willingness of each person to communicate and cooperate on matters affecting the child
- Any history of family violence and its impact on the safety and well-being of the child
- The child's views and preferences, giving due weight to age and maturity
- The child's cultural, linguistic, religious, and spiritual heritage
Filing for Virtual Visitation in New Brunswick
Parents seeking virtual visitation rights in New Brunswick must file with the Court of King's Bench, Family Division in one of eight judicial districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, or Woodstock. The filing fee for a parenting application is $75, while a divorce petition costs $110 total ($100 petition fee plus $10 Clearance Certificate fee). As of April 2026, verify fees with your local clerk as they may change.
To apply for a parenting order that includes virtual visitation provisions, parents must complete Form 81A (Claim for Parenting Order) and Form 81B (Affidavit in Support of Claim for Parenting Order). The affidavit requires disclosure of any existing parenting orders and information about criminal or child protection proceedings involving either parent. Fee waivers are available under Rule 72.24(2) of the Rules of Court for parties receiving social assistance under the Family Income Security Act, those represented by Legal Aid, or those experiencing financial hardship when a solicitor provides services without charge.
Steps to Request Virtual Visitation
- Complete Form 81A (Claim for Parenting Order) specifying virtual visitation requests
- Complete Form 81B (Affidavit in Support) with details about proposed electronic communication schedule
- Attach any existing parenting orders to your application
- File documents with the Court of King's Bench, Family Division in your judicial district
- Pay the $75 filing fee (or submit Form 72FF for fee waiver if applicable)
- Serve the other parent with copies of all filed documents
- Attend case conference or hearing as scheduled by the court
- Negotiate or obtain a parenting order that includes virtual visitation terms
Creating an Effective Virtual Visitation Schedule
New Brunswick parents can include detailed virtual visitation provisions in their parenting plans or request court orders specifying electronic communication arrangements. A comprehensive virtual visitation schedule should address frequency, duration, timing, platform selection, and responsibilities of each parent. Courts favor specific, enforceable terms over vague provisions, so parents should clearly define expectations to minimize future disputes.
Effective virtual visitation schedules typically specify the number of calls per week (commonly 2-4 video calls), the duration of each call (15-30 minutes for younger children, 30-60 minutes for older children), designated days and times, backup communication methods if technology fails, which parent initiates the call, and consequences for missed or disrupted calls. Parents should consider time zone differences if they live in different provinces and account for children's school schedules, extracurricular activities, and bedtimes when establishing communication windows.
Sample Virtual Visitation Provisions
| Schedule Component | Example Provision |
|---|---|
| Frequency | Video calls shall occur every Tuesday and Thursday at 7:00 PM Atlantic Time |
| Duration | Each video call shall last a minimum of 20 minutes and maximum of 45 minutes |
| Platform | Communication shall occur via FaceTime; if unavailable, Zoom shall be used as backup |
| Initiation | The parent with primary parenting time shall initiate the call at the scheduled time |
| Privacy | The child shall have a private space for calls without the other parent listening |
| Missed calls | If a scheduled call is missed, a makeup call shall occur within 24 hours |
| Special occasions | Birthday calls shall be permitted regardless of the regular schedule |
| Technology costs | Each parent shall maintain internet service and devices capable of video calls |
Best Practices for Virtual Visitation in New Brunswick
Successful virtual visitation in New Brunswick requires cooperation between parents, age-appropriate expectations, and reliable technology. Research on remote parenting indicates that virtual communication supplements but does not replace in-person contact, with studies showing that children benefit most when electronic communication is consistent, predictable, and free from parental conflict. Parents should create a comfortable, private environment for calls where children feel free to speak openly without fear of judgment or eavesdropping.
New Brunswick courts expect both parents to facilitate virtual visitation in good faith. The parent with primary parenting time must ensure the child is available, that technology works properly, and that the child has privacy during the call. The remote parent should be punctual, prepared with engaging activities or conversation topics, and respectful of time limits. Courts view interference with virtual visitation negatively and may modify parenting arrangements if one parent consistently undermines electronic communication.
Age-Appropriate Virtual Visitation Strategies
Children aged 3-5 years benefit from short video calls of 10-15 minutes with interactive activities like reading books together, showing toys, or playing simple games. Children aged 6-9 years can sustain longer calls of 20-30 minutes and may enjoy watching shows together, doing homework, or sharing details about their day. Children aged 10-12 years often prefer more autonomy and may communicate through a combination of video calls, text messages, and gaming platforms. Teenagers aged 13-17 years typically want flexibility in communication methods and may prefer texting or social media alongside periodic video calls.
When Courts May Deny or Limit Virtual Visitation
New Brunswick courts may deny or restrict virtual visitation when it would not serve the child's best interests, particularly in cases involving family violence, child safety concerns, or documented misuse of electronic communication. Under Family Law Act, s. 50(4), when considering the impact of family violence, the court must examine the nature, seriousness, and frequency of violence, whether there is a pattern of coercive and controlling behaviour, and the physical, emotional, and psychological harm or risk to the child.
Courts may limit virtual visitation if a parent has used electronic communication to harass, monitor, or control the other parent through the child, if there are documented concerns about inappropriate content or conversations during calls, if the child exhibits significant distress related to electronic communication with a parent, or if there are active criminal proceedings involving allegations of abuse. The court may order supervised virtual visitation in some cases, where a third party monitors the electronic communication to ensure child safety.
Virtual Visitation and Relocation Cases
Virtual visitation plays a particularly important role in New Brunswick relocation cases where one parent moves a significant distance away and in-person parenting time becomes more difficult to maintain. Under Divorce Act, s. 16.92 and Family Law Act, s. 64, parents who wish to relocate with a child must provide notice to the other parent and may face court proceedings if the move is contested. Courts considering relocation applications often incorporate enhanced virtual visitation provisions to maintain the non-relocating parent's relationship with the child.
In relocation cases, New Brunswick courts may order more frequent virtual visitation to compensate for reduced in-person contact, specify that the relocating parent must provide reliable high-speed internet and video-capable devices, require the relocating parent to facilitate calls during specified windows that account for time zone differences, and establish makeup provisions for technical difficulties. Courts recognize that while virtual communication cannot fully replace physical presence, robust electronic communication arrangements can help preserve meaningful parent-child relationships across distances.
Technology and Platform Considerations
New Brunswick parenting orders may specify which technology platforms parents must use for virtual visitation to ensure reliability, security, and age-appropriateness. Popular platforms include FaceTime (for Apple devices), Zoom, Skype, WhatsApp Video, and Google Meet. Co-parenting apps like OurFamilyWizard provide additional features such as shared calendars, expense tracking, and documented communication that can help high-conflict parents coordinate virtual visitation while minimizing direct contact.
When selecting platforms for virtual visitation, parents should consider ease of use for both the child and the remote parent, security and privacy features including encryption, stability and reliability across different internet connections, availability on both households' devices, and recording capabilities if documentation may be necessary. Courts generally expect parents to maintain internet service and devices capable of supporting video calls, and may address cost-sharing arrangements in parenting orders.
Platform Comparison for Virtual Visitation
| Platform | Cost | Security | Child-Friendly Features |
|---|---|---|---|
| FaceTime | Free (Apple devices) | End-to-end encryption | Simple interface, SharePlay for activities |
| Zoom | Free (40 min limit) | Optional encryption | Screen sharing, virtual backgrounds |
| Skype | Free | TLS encryption | Screen sharing, call recording |
| WhatsApp Video | Free | End-to-end encryption | Simple, works on low bandwidth |
| OurFamilyWizard | $99/year per parent | Secure platform | Calendar, message logging, tone monitoring |
| Google Meet | Free | In-transit encryption | Integration with Google services |
Enforcing Virtual Visitation Orders in New Brunswick
Parents who experience interference with court-ordered virtual visitation have legal remedies available through the New Brunswick family court system. Under Family Law Act, s. 78, a person who is denied the right to have parenting time with a child may apply to the court for enforcement. The court may order makeup parenting time, modify the parenting order to address ongoing non-compliance, require the offending parent to attend a parenting education program, or in serious cases, transfer primary parenting time to the other parent.
Documentation is essential when pursuing enforcement of virtual visitation orders. Parents should keep records of all missed calls, including dates, times, and any explanations provided. Screenshots showing call attempts, saved text messages regarding scheduling, and logs from co-parenting apps can serve as evidence of non-compliance. Courts take interference with parenting time seriously, and repeated violations may result in cost awards against the non-compliant parent and potential changes to the overall parenting arrangement.
Modifying Virtual Visitation Arrangements
Virtual visitation arrangements may need modification as children age, technology changes, or family circumstances evolve. Under Divorce Act, s. 17 and Family Law Act, s. 61, courts may vary parenting orders upon application by either parent when there has been a material change in circumstances. Changes that may warrant modification of virtual visitation include a child's developmental progression (older children may benefit from different communication methods), relocation of either parent, changes in work schedules, technology upgrades or failures, or deterioration in the parent-child relationship.
To apply for modification of virtual visitation provisions, parents file a variation application with the Court of King's Bench, Family Division, paying a $100 filing fee. The application must demonstrate a material change in circumstances since the original order was made and explain why the proposed modifications serve the child's best interests. Parents should attempt to negotiate changes directly before resorting to court proceedings, as mediation and collaborative processes often produce faster, less expensive, and more durable solutions.
Frequently Asked Questions
Is virtual visitation legally recognized in New Brunswick?
Yes, New Brunswick courts legally recognize virtual visitation as a component of parenting time under Divorce Act, s. 16.1(4)(c) and Family Law Act, s. 47. Courts may include electronic communication requirements in parenting orders, specifying video calls, phone calls, text messages, or other digital contact methods between a child and a parent during allocated parenting time.
Can virtual visitation replace in-person parenting time in New Brunswick?
No, New Brunswick courts view virtual visitation as a supplement to, not a replacement for, in-person parenting time. Under Divorce Act, s. 16.1(6) and Family Law Act, s. 50(6), courts must give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. Virtual communication maintains relationships between in-person visits but cannot substitute for physical presence.
What happens if the other parent blocks virtual visitation?
If a parent interferes with court-ordered virtual visitation, the affected parent may apply to the Court of King's Bench, Family Division for enforcement under Family Law Act, s. 78. Courts may order makeup parenting time, require attendance at parenting programs, award costs against the non-compliant parent, or modify the parenting arrangement. The $100 filing fee applies for variation or enforcement applications. Document all missed calls with dates, times, and evidence of attempts.
How old must a child be for virtual visitation in New Brunswick?
New Brunswick has no statutory minimum age for virtual visitation, but courts consider the child's developmental stage when crafting electronic communication provisions. Children under age 3 typically have difficulty engaging meaningfully with video technology. Courts generally find video calls most effective for children aged 3 years and older, with call duration and frequency adjusted based on age, attention span, and maturity.
Can I request virtual visitation if I live in another province?
Yes, New Brunswick courts regularly include virtual visitation provisions in parenting orders involving interprovincial families. When a parent resides outside New Brunswick, courts may order enhanced virtual visitation to maintain the parent-child relationship, specifying scheduling that accounts for time zone differences, the platform to be used, and each parent's technology responsibilities. Virtual visitation is particularly important in relocation cases under Divorce Act, s. 16.92.
What technology does the court require for virtual visitation?
New Brunswick courts do not mandate specific technology for virtual visitation but may include platform preferences in parenting orders. Common requirements include reliable high-speed internet service, a device capable of video calls (smartphone, tablet, or computer), and a secure, age-appropriate communication platform such as FaceTime, Zoom, or Skype. Courts may address technology cost-sharing between parents in the parenting order.
How much does it cost to file for virtual visitation in New Brunswick?
The filing fee for a parenting application in New Brunswick is $75 (as of April 2026). If filing as part of a divorce petition, the total cost is $110 ($100 petition plus $10 Clearance Certificate). A post-divorce variation application costs $100. Fee waivers are available under Rule 72.24(2) for parties receiving social assistance, those represented by Legal Aid, or those experiencing financial hardship. Verify current fees with the Court of King's Bench, Family Division.
Can virtual visitation be supervised in New Brunswick?
Yes, New Brunswick courts may order supervised virtual visitation when child safety concerns exist. Supervised virtual visitation involves a third party monitoring electronic communication between a parent and child. Courts may impose supervision requirements in cases involving past misuse of communication, allegations of family violence, or concerns about inappropriate content. The supervisor ensures conversations remain appropriate and child-focused.
What if my child refuses to participate in virtual visitation?
Under Divorce Act, s. 16(3)(e) and Family Law Act, s. 50(2)(e), courts must consider the child's views and preferences, giving due weight to age and maturity. If a child consistently refuses virtual visitation, courts examine the reasons, including potential parental alienation, developmental factors, or legitimate preferences. Parents should document refusals and may seek court intervention or counseling to address underlying issues. Courts generally expect parents to encourage, but not force, participation.
How do New Brunswick courts handle virtual visitation disputes?
New Brunswick courts handle virtual visitation disputes through the Court of King's Bench, Family Division. Parents may apply for enforcement if orders are violated, seek variation if circumstances change, or request clarification of ambiguous terms. Courts encourage parents to attempt mediation before litigation, as resolution through negotiation is typically faster and less expensive than contested court proceedings. The $75-$100 filing fees apply depending on the nature of the application.
About the Author: Antonio G. Jimenez, Esq. (Florida Bar No. 21022) covers family law matters across North American jurisdictions including New Brunswick. This guide provides general information only and does not constitute legal advice. For specific guidance on virtual visitation in New Brunswick, consult a qualified New Brunswick family law lawyer.
Sources: Courts New Brunswick, Justice Canada - Divorce Act Explained, CanLII - Family Law Act, Family Law NB