Nova Scotia Courts Prioritize the Best Interests of the Child

Many people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.

Nova Scotia Courts Encourage Maximum Parenting Time for Both Parents

In our society, often mothers are the parent who does most of the care of the children, so it often seems as though the court is taking the mother’s side when deciding that she will be the primary care parent. However, the Parenting and Support Act and the Divorce Act both encourage maximizing parenting time for both parents.

Nova Scotia Courts Consider Evidence of Past Parenting Roles

If you are a non-mother and feel that you have been the primary caregiver for the children, it is important to provide evidence to the court (usually through an affidavit) to show that. Nova Scotia courts have looked at evidence such as which parent usually helps the children get ready for school, complete homework, takes them to doctor’s appointments, therapy, etc.

Mothers may have an easier time providing this evidence, simply because we often expect mothers to be the parent completing these tasks. However, a parent who can show that they are the primary parent involved in the day-to-day lives of the children will often be the parent who ends up with primary care of the children.

A Family Law Lawyer Can Help Communicate an Accurate Picture

As always, there are many factors that are considered by the courts when making decisions about decision making and parenting time, and it is always a good idea to consult a lawyer if you are concerned about how to accurately present the true picture of your family’s dynamic.

By: Anastacia DesLauriers – Lawyer

Have Questions For Us?:

If you have any questions about Family Matters you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Family Matter Consult for $500+HST where you have the opportunity to explain your situation to a lawyer, get basic advice and a written summary before deciding whether or not you'd like to retain us.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers