Family Court in Nova Scotia: What Survivors Need to Know (Custody, Access, Support)

In Nova Scotia, family law is governed by the provincial Parenting and Support Act (for unmarried couples or those not divorcing yet) and the federal Divorce Act. Both acts have been harmonized to prioritize the safety of children and survivors, making "family violence" a mandatory factor for judges to consider.

Depending on where you live in Nova Scotia (e.g., Halifax/Cape Breton vs. other areas), you may attend the "Supreme Court (Family Division)" or the "Family Court." Regardless of the venue, the protections for survivors are similar.

1. New Terminology: "Custody" is Gone

Nova Scotia law no longer uses the terms "custody" and "access." These have been replaced to focus on the child's needs rather than parental rights:

• Decision-Making Responsibility: The right to make major decisions about the child's health, education, religion, and culture. In cases of violence, you can request sole decision-making responsibility.

• Parenting Time: The time a child is in the care of a parent (formerly "access").

• Contact: Time spent with someone who is not a parent (like a grandparent).

• Interaction: A broader term used in the Parenting and Support Act covering all forms of communication (phone, video, in-person).

2. Emergency Protection Orders (EPO)

Under Nova Scotia’s Domestic Violence Intervention Act, you can get rapid legal protection without a lawyer.

• What it is: A civil order meant for urgent situations where violence has occurred or is likely to occur.

• How to get it: You can apply through police, Victim Services, or a transition house worker. It operates 24/7.

• What it does: It can grant you temporary possession of the home (removing the abuser), temporary care of children, and no-contact provisions.

• Duration: It is temporary (usually up to 30 days) but can be extended or replaced by a longer-term Family Court order.

3. The Court Process: Conciliation & Safety

In Nova Scotia, most family law cases go through a process called "Intake" and "Conciliation" (meeting with a court officer to try to settle).

• The Risk: Conciliation usually involves sitting in a room with the other party.

• The Exemption: If you are a survivor of domestic violence, you must tell the Intake Team immediately.

• Safety Options:

  • Shuttle Conciliation: The officer goes between two separate rooms so you do not have to see your ex.

  • Exemption: In severe cases, the court may skip conciliation entirely and send the matter directly to a judge.

4. Mandatory Parenting Information Program (PIP)

Nova Scotia requires parents to attend the Parenting Information Program.

• Safety Protocol: You will not be scheduled in the same session as your ex-partner if there is a no-contact order or if you notify the court staff of safety concerns.

5. Financial Support & Enforcement

• Child Support: Based on the payor’s gross income and the number of children (Guidelines).

• Maintenance Enforcement Program (MEP): Once you have a support order, you should enroll in MEP. They act as the "middleman" to collect payments, meaning you do not have to ask your abuser for money directly. MEP has strong powers to garnish wages and seize tax refunds.

6. Defining Family Violence

Nova Scotia courts recognize that violence is not just physical. Under the Parenting and Support Act, it includes:

• Sexual abuse.

• Harassment and stalking.

• Financial Abuse: Controlling your access to money or employment.

• Psychological Abuse: Intimidation, threats to pets, or damaging property.

Frequently Asked Questions (FAQ)

Q1: Do I need to call the police to get protection?

No. You can apply for an Emergency Protection Order (EPO) through Victim Services or a shelter worker without filing criminal charges. However, if there is an immediate threat to life, call 911.

Q2: Can I move away with my children?

Not without notice. Nova Scotia has strict laws regarding "Relocation." You generally must give 60 days' notice to the other parent. If you flee due to violence, you must apply to the court immediately (often an "Ex Parte Emergency Motion") to get retroactive permission, or you risk being ordered to return the children.

Q3: Will Legal Aid Nova Scotia help me?

Yes. Nova Scotia Legal Aid is very active in family law. They prioritize cases involving domestic violence. Even if you are slightly over the income cutoff, you may qualify for a "contribution agreement" (paying a small portion back) rather than full private fees.

Q4: My ex refuses to leave the house. What can I do?

You can apply for "Exclusive Possession of the Matrimonial Home" under the Matrimonial Property Act (for married couples) or through an EPO (for any couple). This legally forces them to leave, even if they own the house.

Q5: What if I represent myself (Self-Represented)?

Many people do. The Family Law Information Centre (FLIC) at the courthouse provides free information and guides on how to fill out forms. Ask specifically for the "Application for an Order" kit.

Q6: Can I keep my address confidential?

Yes. When filling out your initial application (Form FB1 or similar), ask the court clerk for a method to keep your address off the public file. You can usually provide a "service address" (like a lawyer or family member) instead of your home address.

References & Resources

• Nova Scotia Legal Aid: 1-866-420-5199 (Apply online or by phone).

• Transition House Association of Nova Scotia: 24/7 support and shelter referrals.

• Legal Information Society of Nova Scotia (LegalInfoNS): Reliable plain-language legal answers.

• Maintenance Enforcement Program (MEP): 1-800-357-9777.

• Legislation: Parenting and Support Act, Domestic Violence Intervention Act.