Parenting and Support Act Changes Strengthen Family Justice

Legislative changes to better support families dealing with family separation will come into effect on April 1.

The amendments to the Parenting and Support Act, passed during the spring 2021 sitting of the legislature, provide clarity and bring the provincial legislation in line with amendments to the federal Divorce Act. The provincial changes update language, describe the duties of parents and give additional guidance and information to the courts.

“These changes harmonize the federal and provincial legislation and support our goal of improving access to justice,” said Attorney General and Minister of Justice Brad Johns. “The improvements provide consistency to families and better support the best interests of their children.”

Amendments to the Provincial Child Support Guidelines will also come into effect on April 1. These are also more closely aligned with recent changes to the federal Divorce Act and the provincial Parenting and Support Act. The revised guidelines will help families better navigate the family justice system.

The federal government has exclusive jurisdiction over marriage and divorce proceedings, while provinces have jurisdiction over spousal and child support, property division, custody and access, and child protection. Each area is administered by separate pieces of legislation.

The changes will:

• update language in the act to support positive parenting arrangements by replacing the word “custody” with terms such as “parenting time” and “decision-making responsibility”
• make it clear that the day-to-day decision-making responsibility rests with the person who is exercising parenting time, unless a court orders otherwise
• describe the duties of parents who have a matter before the courts, including the duty to protect their children from the harmful effects of conflict
• help make sure judges have the information they need to make decisions about parenting arrangements and require them to consider any civil or criminal proceeding, order, condition or measure that is relevant to the safety of the child; this will help courts deal with family violence issues more clearly and better protect children
• clarify the legal process when a parent wants to relocate with their child, ensuring the best interests of the child is the main consideration.

Quick Facts:

• the amended Parenting and Support Act will come into effect upon proclamation on April 1
• recent amendments to the federal Divorce Act took effect on March 1, 2021

Additional Resources:

Nova Scotia Family Law: https://nsfamilylaw.ca/

Supreme Court - Family Division: https://www.courts.ns.ca/Supreme_Court_Family/NSSCFD_home.htm

Federal Divorce Act: https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/royal-assent