Legislation Will Better Support Children and Parents, Guardians

New legislation will support children and put their interests first when families break up.

Amendments to the Maintenance and Custody Act, introduced today, Nov. 24, will update language and terminology around custody and parenting arrangements, introduce new terms for interacting and spending time with a child, and by establishing the use of a parenting plan, help parents clarify their responsibilities.

The amendments will also introduce specific guidelines that families must follow when a parent or guardian wishes to move away with their children.

"It is a hard job being a parent; it's an even harder job when both parents are not living under the same roof," said Justice Minister Diana Whalen. "We are modernizing Nova Scotia's family laws to help families manage through the emotional challenges of family break up and to ensure that the best interests of their children are always put first."

New enforcement options are also outlined, giving courts methods to enforce parenting arrangements under a court order. The name of the legislation will also change to the Parenting and Support Act.

"The demands and expectations on parents in our society are constantly evolving and it's important for the law to keep up," said Kenzie MacKinnon, a family law lawyer and the Nova Scotia Barristers Society's representative on government's expert advisory panel on the Maintenance and Custody Act. "These proposed amendments will better align our Nova Scotia legislation with the lives of modern Nova Scotia families."

Key amendments include:

• replacing the terms "access" and "visiting privileges" with "parenting time", "contact time" and "interaction"
• establishing a framework for a parenting plan that outlines each parents' responsibilities and the living arrangements for the child to encourage planning and reduce confusion
• new guidelines that require parents who are moving to give advance notice and establish, depending on the parenting arrangements, who must prove whether or not the relocation will benefit the child. For example, a move to another province or country
• a clear list of actions that can be taken for those who fail to comply with orders for parenting or contact time, or interaction with the child

"The changes update the law, address specific challenges and make the law clearer" said Ms. Whalen. "Making our province's family laws better is part of the work we are doing to make our justice system more accessible."