Family Court in New Brunswick: What Survivors Need to Know (Custody, Access, Support)
A guide for domestic violence survivors in New Brunswick. Learn about Emergency Intervention Orders (EIOs), the new child support tables, and how to safely navigate parenting time.
In New Brunswick, family law is governed by the provincial Family Law Act (which replaced the old Family Services Act in 2021) and the federal Divorce Act. Both laws prioritize the safety and well-being of the child, and "family violence" is a mandatory factor that judges must consider when making decisions.
This guide explains the specific tools New Brunswick offers survivors, including the rapid-response Emergency Intervention Order system.
1. New Terminology: "Custody" is Outdated
If you look at older court orders, you will see "custody" and "access." Today, New Brunswick courts use child-focused terms:
Decision-Making Responsibility: The right to make major decisions about the child's health, education, religion, and well-being.
Parenting Time: The time a child spends in the care of a parent (formerly "access").
Contact: Time spent with someone who is not a parent (like a grandparent).
Impact on Survivors: In cases of domestic violence, you can ask the court for sole decision-making responsibility. This means you do not have to consult your abuser for every medical appointment or school permission slip.
2. The "Emergency Intervention Order" (EIO)
New Brunswick has a specific tool for survivors called an Emergency Intervention Order (EIO) under the Intimate Partner Violence Intervention Act.
It is NOT a criminal charge: It is a civil order to keep you safe.
It is fast: You can get it 24/7.
It is Ex Parte: You can apply without your partner knowing.
What it does: It can grant you exclusive use of the home (kicking the abuser out), temporary custody of children, and police-enforced no-contact rules.
How to get it: You do not need a lawyer. You can contact Victim Services or designated "Assisters" (like shelter workers) who can help you apply over the phone.
3. Mandatory Mediation & Safety Exemptions
New Brunswick generally requires parents to attempt Alternative Dispute Resolution (ADR) before a judge will hear a contested trial.
The Safety Exemption: Mediation is not appropriate when there is domestic violence or a power imbalance.
What to do: When you deal with Family Law Court staff or the Case Management Master, clearly state that there is a history of violence. You should be screened out of mediation to prevent facing your abuser.
4. Mandatory Course: "Parenting After Separation"
Parents in New Brunswick are usually required to take the Parenting After Separation course.
Online Option: The course is available online for free.
Safety Protocol: You do not take this course with your ex-partner. It is an individual module.
5. Financial Support (2025 Updates)
Child Support: Based on the payor’s income. Note: As of October 2025, the Federal Child Support Tables have been updated. If you have an older order, you may be entitled to an adjustment based on these new figures.
Spousal Support: Not automatic; depends on the length of the relationship and financial discrepancy.
Support Enforcement (FES): Once you have a court order, register it with Family Support Orders Service (FSOS). They can garnish wages and suspend driver's licenses if your ex refuses to pay.
6. "Family Violence" Defined
Under New Brunswick law, family violence is not just physical hitting. It includes:
Sexual abuse.
Coercive Control: A pattern of regulating your daily life, finances, and movements.
Financial Abuse: Withholding money or forbidding you from working.
Threats to harm pets or property.
Frequently Asked Questions (FAQ)
Q1: Can I get an Emergency Intervention Order (EIO) without calling the police?
Yes. While police can help you apply, you can also apply through Victim Services or a domestic violence shelter. This is helpful if you are afraid of criminalizing your partner but need immediate safety.
Q2: Will I qualify for Legal Aid?
Legal Aid NB has a specific Domestic Legal Aid program. Even if you have some income, they often provide up to 2 hours of free advice or help with specific motions if you are a victim of violence. Call them to be screened specifically for "family violence services."
Q3: Can I move to another province with the kids?
Be very careful. Under the Divorce Act and provincial law, you must give 60 days' written notice of any major relocation. If you move without this, the court can order you to return the children. Exception: If you are fleeing immediate danger, prioritize safety, but you must file an "Urgent Motion" immediately to explain why you left without notice.
Q4: My ex says he will get "50/50" because it's the law. Is it?
Not automatically. While courts value the involvement of both parents, the #1 rule is the Best Interests of the Child. If there is family violence, 50/50 parenting time may be deemed unsafe or inappropriate.
Q5: What is the "Family Law Information Line"?
This is a free service (1-888-236-2444) run by PLEIS-NB. They cannot give legal advice, but they can explain court forms, procedures, and how to serve documents.
Q6: Can I keep my address confidential on court forms?
Yes. If you are in a shelter or fear for your safety, tell the court clerk immediately. You can often use a "service address" (like a friend's home or a lawyer's office) so your ex does not find out where you live.
References & Resources
Emergency Intervention Orders (24/7): 1-888-236-2444 (Information Line will direct you to Assisters).
Legal Aid New Brunswick: (506) 444-2776.
Chimo Helpline: 1-800-667-5005 (Crisis support).
PLEIS-NB (Family Law NB): Excellent plain-language guides and forms.
Legislation: Intimate Partner Violence Intervention Act, Family Law Act (NB).