See ‘Assessments’

The arrangements put in place, between parents by agreement or outlined in a court order, that say where the children live, and what the visiting arrangements are.

Parenting arrangements explain where the child will live, who will be responsible for making major decisions, and when the child will spend time with important people in the child’s life. The parenting arrangements do not have to be written down in a formal agreement. Some parents prefer to have a written agreement in place. Other parents, who are not able to work together (for reasons such as violence), or who are unable to agree to the parenting arrangements, use the court process to get a court order to set out the parenting arrangements.

A program offered in the family law courts in Nova Scotia to assist parties involved in a court proceeding to support their children during the process and to identify and practice ways to keep children from getting caught in the middle of the conflict. Parties to a court proceeding involving children will be signed up for a group PIP session by court staff, including grandparents making an application in regards to their grandchildren. Your ex-partner will be signed up for a different session – you will not attend together. PIP is offered in both English and French.

The online module is available in English and French:

• Parenting Information Program

• Programme d’information pour les parents

A plan to describe how parents who are not together will care for and make important decisions about their child. Some parents prefer open plans while other parents prefer to have a detailed plan. For parents who want a detailed parenting plan, this is a starting point to identify what are the child’s needs, what decisions have to be made for the child and who will make those decisions, how the child spends their time and with whom. Once a parenting plan is agreed on it becomes the parenting arrangements for the child. If a parenting plan cannot be agreed on the parenting arrangements will be ordered by a judge based on what is in the best interests of the child after looking at each parent’s parenting plan and the child’s best interests. A parenting plan should be based on what is in the best interests of the child and not the best interests of the adults in the child’s life.

Making plans: A guide to parenting arrangements after separation or divorce - How to put your children first.

This guide is published by the Department of Justice Canada, and provides information about parenting after separation and divorce, including:

• how to decide on the best parenting arrangement for your children

• what processes you can use to come to a parenting arrangement

• what you (parents) may be feeling

• what your children may be feeling

A document used in the Supreme Court (Family Division) that sets out parenting arrangements. Generally, both the parent requesting an order for child decision-making responsibility and/or parenting time and the parent responding to the application must complete this document.

The time a child spends with a parent or guardian, under a court order or agreement. Each parent’s or guardian’s time with the children is called ‘parenting time’, even when the child lives most of the time with one parent. It is helpful to have a parenting schedule in place.

Someone starting or responding to a court application. This includes anyone listed as an applicant, petitioner, or respondent on that court file.

The person or people on either side of a legal dispute, agreement/order or court file. Parties are the people who have a right to appear in court and to seek an order from the court.

The person who pays child support or spousal support.

A court order that you may apply for when someone has threatened or harmed you. This can be a partner or spouse, or another person.  The person who is accused of threatening or harming you may be told by a court that they must be on a Peace Bond, or can agree to go on one when an application is made to the court. The Peace Bond may also include conditions such as to stop contacting you and stay away from your home or place of work. 

Perjury is when someone who is giving evidence, either in an affidavit or in court, purposely doesn’t tell the truth. Perjury basically occurs when someone lies under oath or affirmation. There can be serious consequences for committing perjury, including criminal charges.

A way of giving notice of a court proceeding to a person, where someone hand-delivers a package of documents directly to that person. Personal service cannot be done by mailing documents to someone, or using a courier, fax, or registered mail. If the person being served has a lawyer, that lawyer may accept service for their client.

One way to start the divorce process in Nova Scotia. A Petition can proceed on a contested or uncontested basis, depending on whether or not the Respondent files an Answer to contest. Petitions for Divorce must be personally served on the Respondent.

The person who starts a divorce proceeding by filing a Petition for Divorce.

The claims, and the responses to those claims, made by each of the parties involved in a court matter. Pleadings are found on the document that starts the court matter (for example, a Notice of Application, a Notice of Variation Application, or a Petition for Divorce). Pleadings are also found in the document that sets out the other person's response to that claim, if applicable (for example, a Response to Application, or an Answer filed to contest a divorce). The pleadings must contain enough information about the claims to establish the factual and legal right to go forward with the matter.

For example, Vivian files a Petition for Divorce, checking off the issues of decision-making responsibility and/or parenting time, child support, spousal support and division of property under the appropriate sections of the Divorce Act and Matrimonial Property Act. These are the things that Vivian wants to 'deal with' as part of the divorce - these issues, and the legal authority she lists for how she is asking to have them resolved, are her pleadings. Her spouse, Robert, files an Answer to show that he is not in agreement with what she is requesting for the parenting arrangements. He outlines in his Answer what he is seeking for the decision-making responsibility and/or parenting arrangements under the appropriate section of the Divorce Act. These are his pleadings.

Or ‘primary parent,’ is a term that is often used in agreements and court orders; however, it is not one that is defined anywhere in the law.  Sometimes, the term used is ‘primary residence’ or the phrase ‘the children reside primarily with Parent A’.

This term is used to make the wording of an agreement or order easier to understand. It does not mean that the primary caregiver has any extra authority or decision-making power over the other parent.

The steps taken in a court case.

An order made in one reciprocating jurisdiction, but it is of no force and effect until a confirmation order is granted in the other reciprocating jurisdiction

See ‘Assessments’