The infliction of harm on a person. It involves any act, or failure to act, that jeopardizes the health and/or well-being of a person.

An old term that is no longer used in either the Parenting and Support Act (provincial) or the Divorce Act (federal).   Terms like ‘parenting time’ ‘‘contact’ and ‘interaction’ are used instead. You may still see the term ‘access’ used in older court orders and agreements.

A law, or ‘piece of legislation,’ passed by a federal or provincial government.

A delay or postponement of a court hearing or trial.

A court process that creates a parent-child relationship between two people, usually an adult and a child, where that child is not the adult’s biological child. In some situations, a person can apply to adopt someone in their family, like a grandchild

A written statement of fact that is sworn or affirmed under oath as being the truth. This means that the person whose affidavit it is has to take it to a lawyer or Commissioner of Oaths (or in some cases, a Notary Public) to have that person witness their signature on the affidavit. A party or witness may file an affidavit as a way of giving evidence to the court.

The Affidavit of Service - sometimes called an 'Affidavit of Delivery - is a sworn or affirmed statement that is completed by the person who performs the service. This document tells the court that the other party was served, what they were served (which documents), where and when they were served, and by whom. They will also state how they knew they were serving the right person. For example, they may have asked to see the person’s driver’s license, or they may have been given a picture of the person, and the person they served matched the person in the picture.

A way to take an oath to tell the truth without swearing on a Bible or other holy book. It has the same effect as swearing an oath on the Bible

Generally, the age at which a child is now considered an adult. The age of majority is 19 years in Nova Scotia. It may be different in other provinces.

See ‘Spousal support’

When a marriage is declared null and void, as if it never existed in the first place. This requires evidence and a complicated court application. You will not qualify for an annulment based solely on the short length of your marriage. Even if you were only married for a day or two before separating from your spouse, you likely still have to use the regular divorce process to end your marriage. Annulments are very rare, and can only be used in certain situations - usually dealing with lack of consent or fraud.

The formal response to a Petition for Divorce which states the Respondent’s position. An Answer must be filed with the court and served on the Petitioner within a set number of days after the Petition has been served. An Answer is used to show that the Respondent contests something being asked for by the Petitioner in the divorce.

A review, by a higher court, of a decision made by a lower court. There must be legal grounds or reasons to appeal, such as that the lower court has made an error in the way the law was applied to the case. You can’t appeal just because you disagree with or do not like the judge’s decision.

An appeal is a special written request to have a higher court determine if errors were made in a decision issued by a lower court or in the way the hearing or trial was heard at the court. An appeal can be filed if a party believes that the judge who heard their case applied the law in the wrong way when making their decision or made an error in the facts relied upon when making the decision. You do not file an appeal simply because you didn’t like the decision that was made.

Appeals are not the same thing as variation applications. If your circumstances have changed since the time your last order was made and you want the court to change your order as a result of these changes, this is called applying to ‘vary’ your order.

A person who starts an application in court.

Filing an application is a way of asking the court to make an order. An application states what type of order the person is looking for (what issues they want to deal with). Applications are generally started when the Applicant completes and files required documents with the court.

One way to start the divorce process in Nova Scotia, where only one spouse would apply for the divorce, but both spouses must sign documents agreeing to the divorce. An Application for Divorce by Written Agreement can only be filed if all issues are agreed upon by both spouses. Based on one year’s separation, documents can only be filed after the one year separation period has elapsed.

Arrears are child support or spousal support amounts that were not paid, and are still owing.

Judges of the court may order that an assessment be completed in exceptional circumstances if parties have children and professional information is needed to help the judge decide what kind of parenting arrangements will be in the child’s best interests. Assessments are carried out by trained professionals working within the Family Court Assessment Program, or by a contracted assessor via a program-managed roster. Contracted assessors may be court-appointed or assigned within the program.

The professional assessor will be asked to prepare a detailed written report and may make recommendations about parenting arrangements and/or other steps that might need to be taken by parents that will benefit the child.

There are different types of assessments. The type of assessment ordered will depend on the facts of the case and the needs of the parties and the child. Some assessments may be a combination of the various types explained below. A lawyer can help you decide what might be appropriate for your case

Voice of the Child Reports (VOC):

Purpose:  To capture and present the child's own view and preferences, worries or concerns, perceptions and experiences regarding parenting arrangements, and to ensure that the child's voice is heard in legal proceedings that affect them. 

A VOC report conveys the child’s views and preferences directly to the court. It helps understand how the child feels about their current situation and any proposed changes. The process focuses solely on the child's perspective and experience. A VOC does not typically provide an evaluative opinion or recommendations from the assessor, or the perspective of the parents, as input from caregivers is not a part of the process; however, the assessor may provide recommendations if deemed appropriate, and provide impressions related to maturity of the child as it relates to their expressed views, as well as potential coaching and influence. A VOC does not speak to decision-making as this is not asked of children; it also does not typically involve a review of legal documents or collateral contacts as part of the process, unless otherwise directed by the court.

Parenting Assessments: 

• Children's Needs Assessment (CNA):

  Purpose:  To assess the child's overall needs and well-being, and to provide recommendations on how to best meet those needs, particularly in the context of decision making and parenting time arrangments.

  A CNA provides the court with a detailed report that outlines the child’s needs (developmental/physical/emotional/ psychological/ educational/ medical/ social/cultural/spiritual), including the need for safety and stability, and provides recommendations for meeting those needs. It may include suggestions for decision-making and parenting time arrangements, therapeutic interventions, educational support, and other necessary services or supports. It helps the court understand what arrangements are in the child’s best interests, beyond just their expressed views and preferences. The process involves interviews with the child, parent(s), parent/child observations, home observation, as well as important collaterals in the child’s life.

  *** Children’s views, preferences, and concerns are canvassed in a manner appropriate to their developmental age.  

• Parenting Plan Evaluation (PPE): 

  Purpose:  To propose a parenting plan that serves the best interests of the child(ren) involved, which includes recommendations regarding decision making and parenting time arrangments. 

  A PPE is a comprehensive report that is often primarily comparative between parents and outlines a specific parenting plan, including schedules for parenting time, decision-making responsibilities, and/or recommendations for any specific needs (e.g., therapy, educational support). A PPE focuses on (a) the dynamics between parents and their children, (b) considers the child's needs, views and preferences (when appropriate), and (c) evaluates each parent's ability to meet the child's needs in consideration of their respective proposed plan. A PPE considers the best parenting time arrangement and decision-making responsibility for the child. The process involves interviews with the parents, child(ren), parent/child observations, home observation, as well as important collaterals.

  *** Children’s views, preferences, and concerns are canvassed in a manner appropriate to their developmental ages.  

• Parental Capacity Assessment (with or without psych testing component - PCA-P/PCA): 

  Purpose:  To assess a parent's ability to provide adequate care for their children. 

  A Parental Capacity Assessment provides the court with a detailed report that includes findings on the parent's capacity to meet their child’s needs, potential risk factors, and recommendations for interventions or supports that might enhance capacity. The report evaluates the overall parenting abilities and potential risk factors and assesses both the strengths and limitations of a parent's capacity to care for their child(ren), as well as prognosis for improvements. Steps involved in this type of assessment include interviews with each parent, the child(ren), parent/child observation, home observation, collateral contacts, and often includes a review of relevant records. This type of assessment may be ordered on one or both parents, however, it is essential to the process for a non-assessed parent to participate to allow for a comprehensive evaluation.

  *** Children’s views, preferences, and concerns are canvassed in a manner appropriate to their developmental ages. 

There are two options for Parental Capacity Assessment:

(a)  Parental Capacity Assessment *without psychological testing component (PCA)

A PCA without psychological testing may be requested when the primary concerns are specific and behavioral rather than psychological, such as concerns about parenting skills, knowledge of child development, or specific instances of neglect or discipline practices.   A PCA without psychological testing relies more heavily on observational data, interviews, and collateral information to form a comprehensive understanding of the parent's capacity to meet their child's needs. 

(b)  Parental Capacity Assessment *with psychological testing component (PCA-P)

A PCA-P may be necessary when there is a need for an assessment regarding a parent’s cognitive abilities, personality traits, and mental health status. 

In most cases, one of the parties will need to file a Notice of Motion requesting that an assessment be carried out. A judge may also order an assessment if they believe it to be necessary, even if the parents do not ask for it.

The parties may have to pay a fee for the assessment, depending on how much money they earn. The fees are based on a sliding scale and the type of assessment being completed. The total fees that may be paid by all parties (and the Department of Justice) range from $2000 to $8000. The fees may be less if it is a Voice of the Child Report assessment only.

For further information about the Family Court Assessment Program, contact a court officer or a lawyer nearest you.

Anything valuable a person owns, such as a house, car, furniture, stocks and bonds, pensions, and money. When spouses divorce, the Court puts their assets into one of two groups: matrimonial assets and non-matrimonial assets. Matrimonial assets are generally divided equally. Each spouse generally keeps his or her own non-matrimonial assets, but there are exceptions.

Also called Alternative Dispute Resolution. ADR refers to ways to settle disputes or differences without going to court. Mediation and conciliation are examples of Assisted Dispute Resolution processes.