News release

Amendments Modernize, Improve Family Laws

Justice

The province is helping to safeguard the best interests of children when couples are going through a separation.

The province has proclaimed changes to the Maintenance and Custody Act, which take effect immediately. The act deals with issues of custody, maintenance and access for separating couples where divorce proceedings have not begun or are not relevant.

"Our family-law system must consider the needs of Nova Scotian families, especially children, when a family separates," said Justice Minister Ross Landry. "Taking care of our children must always come first, and these changes will help families and the courts focus on what is best for children."

Changes include:

  • a list of factors for courts to consider when assessing the best interests of a child
  • requiring courts to consider the impact of any family violence, abuse or intimidation when assessing the best interests of a child
  • removing the age cut-off for "dependent children" so children going to college or university may still be eligible for child support
  • establishing a "maximum contact rule," which states a child should have as much contact with each parent, so long as it is in the best interests of the child.

The province began a multi-year review of family laws in 2011.

More information can be found at www.gov.ns.ca/just or www.nsfamilylaw.ca .