Government of New Brunswick

Thank you for your input, the consultation period is now closed.

Consultation on family law reform of the Family Services Act related to amendments to the federal Divorce Act

The provincial government is seeking input from New Brunswickers on adopting into provincial family law key concepts recently changed in the federal Divorce Act.

The New Brunswick Family Services Act governs family relations including child protection, adult protection, spousal and child support, custody and access. This consultation is focused on key concepts found in Part VII of the Act which contain the legal rights and responsibilities of parents and spouses in New Brunswick.

The Department of Justice and Office of the Attorney General is inviting New Brunswickers to consider whether or not the provincial legislation should mirror the language and principles of the amendments to the federal Divorce Act coming into force in July 2020.  

The new amendments to the federal Divorce Act include various measures to promote the best interests of the child. The proposed amendments to the federal legislation include, among other things: elimination of custody and access terminology; introduction of provisions to deal with relocation of parties to a parenting order; the introduction of best interest of the child criteria; and, provisions to better address situations of intimate partner violence in the context of divorce, custody and access cases.