FREDERICTON – New legislation introduced on November 18, 2020, by the provincial government is intended to ensure clarity and consistency with changes to federal divorce legislation and create a new recalculation service to help avoid court appearances.
The intent of the new Family Law Act is to ensure clarity and consistency with the language found in recent changes to the federal Divorce Act.
“Families encounter the family law system in some of life’s most difficult moments,” said Justice and Public Safety Minister Hugh J. Flemming. “Family law is a shared responsibility between the federal and provincial governments and we are taking advantage of the changes introduced in Bill C-78 to improve our family law process and to provide more support to those who are going through these difficult situations. We are also using this opportunity to introduce an administrative service dedicated to the recalculation of child support orders.”
The new legislation replaces terminology of custody and access with the concepts of parenting time, decision-making responsibility and the terms parenting order and contact order.
It will introduce requirements specific to the relocation of children and for legal advisors to advise clients about using non-court options for dispute resolution.
The best interests of the child criteria have been updated and now include specific considerations around family violence and First Nations fa ...