Getting or changing a custody/access order

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The right of the child to visit or spend time with each parent is sometimes called ‘access’. On May 26th, 2017, the term ‘access’ was removed from provincial legislation, and replaced with the terms ‘parenting time’, ‘contact time’, and ‘interaction’. The term ‘access’ is still used in divorce matters.

New parenting language info sheet

Standard definitions - custody & parenting
 


Custody and parenting arrangements usually have to be dealt with in the court nearest to where the children are living. These issues are dealt with in Family Court, or in the Supreme Court (Family Division) if the children live in Halifax or Cape Breton. If you are divorced, you will usually make your application in the Supreme Court if you are applying outside of the Halifax Regional Municipality or Cape Breton.

If your children do not live in Nova Scotia, you will probably have to contact the court where they are living to find out how to make an application there.

If you are addressing custody and access as part of an ongoing (not yet final) divorce proceeding, you will deal with this issue wherever the divorce was filed. Once the divorce is finalized, and you apply to change your order for custody or access, you will likely have to make that application wherever the children are living at that time.

For more information about this topic, click here.

For custody and/or parenting court forms, click here.