News release

Consultations on Family Law Changes Begin

Justice

The province is asking Nova Scotians to give feedback on legal reforms that will help ensure that families going through a break-up have modern and clear laws governing child custody and access.

The Maintenance and Custody Act and Reciprocal Enforcement of Custody Orders Act are the two laws being updated and clarified.

"These laws have become outdated and need to be modernized. For example, one change will add family violence as a factor to consider when making custody or access decisions," said Justice Minister Ross Landry. "The public consultations will help ensure that the legislative changes proposed reflect the opinions and wishes of Nova Scotians."

The proposed changes to the Maintenance and Custody Act will provide clear guidelines when courts are making custody and access decisions -- such as taking into consideration whether a parent has committed family violence. They also include the principle that a child should have as much contact with each parent, if it is in the child's best interests.

The Maintenance and Custody Act deals with issues of custody, maintenance and access between separating couples where divorce proceedings have not commenced or are not relevant. For families experiencing divorce, the federal Divorce Act applies.

The Reciprocal Enforcement of Custody Orders Act will be replaced with modern legislation that it is consistent with other provinces and territories. This legislation allows for the recognition and enforcement of custody and access orders from other jurisdictions.

The changes to these acts are part of a multi-year project to improve and modernize the province's family laws.

For more information and to find out how Nova Scotians can participate visit www.gov.ns.ca/just/consultation .

Interested members of the public are invited to review the documents and provide feedback, electronically or in writing, by Oct. 24.

Questions and feedback may be sent by e-mail to familylawfeedback@gov.ns.ca, by phoning 902-424-6094 or sent by mail to Family Law Reform Project, Nova Scotia Department of Justice, 5151 Terminal Rd., P.O. Box 7, Halifax, B3J 2L6.