Family Division of the Supreme Court Legislation

Justice Minister Jim Smith introduced legislative amendments in the House of Assembly today that will create an improved system of family law in this province.

Four Acts will be amended to support the creation of the Nova Scotia Supreme Court (Family Division), which is expected to begin operating in the Halifax Regional Municipality and Cape Breton Regional Municipality in April of 1999.

"This legislation is about putting children and families first," said Dr. Smith. "These amendments will help us provide new and improved services within the family law justice system."

The amendments affect four acts and include changes to the Family Maintenance Act, the Maintenance Orders Enforcement Act, the Judicature Act, and the Maintenance Enforcement Act.

With the amendments, appeals under the Family Maintenance Act will go directly to the Court of Appeal, and the Family Division will operate under the rules of the Supreme Court.

The Judicature Act has been amended to establish the proper name of the new division as the Supreme Court (Family Division). The amendments also enable any judge of the Supreme Court to preside over any proceeding brought before the Family Division.

"These are housekeeping amendments which allow us to clarify existing legislation where necessary," said Dr. Smith. "These Acts must be changed in order to allow the Court to function properly and effectively."

This division is expected to be phased in over five years. The Family Division will have jurisdiction over matters now dealt with by the Family Court, as well as family law matters currently dealt with in the Supreme Court. This includes matters relating to divorce, family violence, and child welfare issues. Family mediation services will be provided, as will counselling, and education programs that focus on post separation parenting.