Custody Battle Strategies In New Brunswick

When it comes to getting full custody in New Brunswick, Canada, the courts are primarily focused on what is in the best interest of the child. There are several types of custody arrangements that can be made, including sole custody, joint custody, shared custody, and split custody. In the case of sole custody, one parent has full responsibility for making decisions affecting the child, while the other parent has the right to request information about the child's wellbeing. Joint custody, on the other hand, involves both parents making decisions together, and it is typically awarded when parents can cooperate effectively. Shared custody is when both parents have joint custody and the child spends at least 40% of their time with each parent. Split custody is when one parent has custody of some of the children, and the other parent has custody of the remaining children.

When determining custody, a judge will consider factors such as the parent-child relationship, the parenting abilities of each individual, the parents' mental and physical health, the typical schedule of both parents and children, the availability of support systems, and the child's wishes, especially after the age of 12. It is important for parents to create a parenting plan that details the proposed parenting arrangement, decision-making responsibilities, and child support. This plan can be kept private or incorporated into a consent order, and it should include a parenting time schedule that reflects the amount of time the child spends with each parent.

Parenting plans

In New Brunswick, Canada, divorcing or separating parents are required to create a parenting plan, regardless of whether they agree on parenting arrangements. This plan should detail the best way to raise the children, including parenting time, decision-making responsibility, and child support.

Parenting Time

Parenting time refers to when the child is in a parent's care and control. There are three types of parenting time arrangements:

• Majority parenting time: The child is placed with one parent for more than 60% of the year.
• Shared parenting time: The child spends at least 40% of the year with each parent.
• Split parenting time: At least one child is placed in each parent's household for more than 60% of the year.

Parents can choose to follow a set schedule or fall into a routine without a fixed schedule. A parenting time schedule can help children adjust to the separation and ensure they spend an appropriate amount of time with each parent. For example, if one parent has been the primary caregiver, a 90/10 or 80/20 schedule can help ease the child into spending time with the other parent. If both parents have been significantly involved, a 50/50 or 60/40 shared parenting time schedule may be more suitable.

Decision-making Responsibility

By default, parents have joint decision-making responsibility, meaning they can both weigh in on child-related decisions. However, parents may choose sole or joint decision-making responsibility or specify certain areas where one parent has sole authority, such as education or religious upbringing. If parents opt for joint decision-making powers, they can specify which decisions can be made independently and which require input from both parents.

Child Support

Child support is the responsibility of the parent who spends less time with the child. If parents have near-equal parenting time, the higher-earning parent typically pays. The Federal Child Support Guidelines should be followed to determine the support amount, and any special expenses, such as school uniforms or extracurricular activities, should be accounted for.

Additional Provisions

To avoid arguments and account for all possibilities, parents can include additional provisions in their parenting plan. This may include advance notice and itinerary requirements for travel, with clear agreements in place to prevent accusations of child abduction. Parents should also detail their communication methods with each other and the children, specifying appropriate times for calls on school nights and whether the child should be encouraged to contact the other parent while away.

Other provisions may include transportation arrangements for visits and third-party childcare, with parents sharing contact information for anyone who cares for the children. Consistency in child-rearing practices, such as discipline, should also be considered. Introducing new partners to the children should be carefully planned, with ground rules established for their involvement in the children's lives.

Review and Modification

Parents should also plan for potential changes in circumstances by setting a specific date for reviewing the plan and specifying scenarios that would require modifications. It is recommended to try mediation before resorting to court to negotiate changes. To update a consent order, parents can complete a Consent Motion to Change, prepare a revised agreement, and file the necessary paperwork with the court.

Decision-making responsibility

In New Brunswick, parents have joint decision-making responsibility by default, meaning both parents can weigh in on child-related decisions. However, parents can choose to have sole or joint decision-making responsibility, or they may identify specific areas where one parent has sole decision-making authority. For example, one parent may have sole decision-making responsibility for matters related to education, while the other parent has sole decision-making responsibility for matters concerning the child's religious or cultural upbringing.

When determining decision-making responsibility, a judge will consider the best interest of the child, the parent-child relationship, the parenting abilities of each individual, and each parent's mental, physical, and emotional health, among other factors.

If parents are unable to agree on decision-making responsibility, they can seek the help of a family mediator, lawyers, or therapists to help them reach an agreement. If an agreement still cannot be reached, the matter may be decided by a judge in court.

• Think about who should make decisions about your child: Consider what is in the best interest of the child and the capabilities of each parent.
• Talk to your partner: Try to have open and constructive conversations about what you both feel is best for your child.
• Seek help from a family law professional: A family mediator, lawyer, or therapist can provide guidance and assist in negotiating an agreement.
• Go to court: If all else fails, a judge will make a decision based on the best interests of the child.

It is always best to try and avoid going to court if possible, as it can be expensive and stressful for both the parents and the children involved.

Parenting time

When a relationship or marriage ends, parents must make decisions about parenting time, including how much time the children spend in each parent's household. The law recognises the equal right of each parent to have parenting time, but that does not mean that it requires parents to follow a 50/50 arrangement. Instead, parents are expected to make decisions about living arrangements and parenting time based on the best interests of the children.

There are three types of parenting time:

• Majority parenting time places the child with one parent for more than 60% of the year.
• Shared parenting time places the child with each parent for at least 40% of the year.
• Split parenting time places at least one child in each parent's household for more than 60% of the year.

A parenting time schedule helps keep track of when a child should be with each parent. A schedule is one part of a parenting plan, though some parents choose to do without a set schedule and fall into a routine instead. It is recommended that parents choose a schedule that reflects how much time their child is used to spending with each parent.

If one parent has primarily cared for the child, they could try a 90/10, 80/20, or 70/30 majority parenting time schedule. In this arrangement, the parent who spends less time with the child is called the access parent. A daytime-only (90/10) schedule can help ease the child into spending time with an access parent they are not used to living with. Alternatively, a step-up parenting plan can be implemented to gradually increase the access parent's time.

If the child is used to seeing both parents every week, a 5/2 (70/30) schedule could be considered. The child lives with one parent five days of the week and with the access parent two days of the week.

If both parents have cared for the child significantly, a 60/40 or 50/50 shared parenting time schedule could be an option. A 4-3 (60/40) schedule puts the child in one parent's home for four days of the week and in the other parent's home for three days. The 2-2-5-5 (50/50) schedule also allows the child to see both parents each week and gives them equal time.

If the child is comfortable, they can spend extended periods with each parent. The alternating weeks (50/50) schedule has the child living in each parent's home for one week at a time.

During holidays and vacations, parents can alternate holidays yearly or split them. For vacations, one way to handle them is to allot each parent a certain amount of time each year.

Parents can also agree on decision-making responsibility and how parenting time will work. The law assumes that both parents have decision-making responsibility unless they agree otherwise or ask a court to decide differently. This can be put in writing in a parenting agreement or included in a separation agreement.

Child support

In New Brunswick, the Federal Child Support Guideline is used to determine child support. The Canada Child Support Guidelines set out child support tables specific to each province and territory. The New Brunswick Department of Justice will apply these guidelines to cases under the Federal Divorce Act if both parents reside in the province. The Divorce Act provides the guiding direction for the finalization of divorce cases across Canada.

The child support amount must be exactly the same as the guideline support amount if you want your agreement to become a court order. The court won't grant a divorce if the agreed amount does not match the government's calculation. You'll need to file a support application, Financial Statement, proof of income, and three years of tax returns with your agreement.

Special expenses are child-related costs not covered by child support, such as medical and dental insurance premiums, health care costs not covered by insurance that exceed $100 annually, extraordinary fees for education, and post-secondary studies. Each parent is expected to contribute an amount proportional to their share of their combined incomes.

If a parent refuses to supply their financial information, the court can impute their income. For example, the court may base the payor's income on a minimum-wage job if they are not working. The court can also impute income if it appears that the payor is underreporting their income on their taxes.

Support orders are automatically forwarded to the Office of Support Enforcement (OSE), which receives payments from the payor and distributes them to the beneficiary. The beneficiary can opt out of this program and receive payments directly from the payor. The OSE keeps a record of payments and can penalize the payor for missed payments.

Sibling issues

When it comes to sibling issues, the general rule is that brothers and sisters should be kept together. However, there may be circumstances in which it is necessary to separate siblings. This could be the case if keeping the siblings together would not be in the best interests of the child. For example, if one child has suffered abuse at the hands of a sibling, it may be necessary to separate them.

In New Brunswick, parents who are divorcing or separating should create a parenting plan, whether or not they agree on parenting arrangements. This plan should include parenting time, decision-making responsibility, and child support. Parenting time refers to the time a child spends in each parent's care, and it can be arranged in several ways, including majority parenting time, shared parenting time, and split parenting time. Decision-making responsibility refers to the authority to make major decisions about the child, such as those related to education, religion, or cultural upbringing. Child support typically refers to financial support, with the parent who spends less time with the child being responsible for providing this support.

When determining child custody, a judge will consider various factors, including the best interests of the child, the parent-child relationship, the parenting abilities of each individual, and the mental, physical, and emotional health of each parent. The typical schedule of both parents and children, as well as the available support systems of each parent, will also be taken into account. In some cases, the child's wishes may also be considered, especially if the child is 12 years of age or older.

If you are seeking full custody of your child(ren) in New Brunswick, Canada, it is important to consult with a lawyer to understand your legal rights and obligations.

Frequently asked questions