4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012
The Honourable Ross Landry
Minister of Justice
First Reading: April 23, 2012
Second Reading: May 1, 2012
Third Reading: May 7, 2012 (LINK TO BILL AS PASSED)
(a) revises the definition of "dependent child" in the Maintenance and Custody Act to harmonize it with the definition in the Divorce Act (Canada); and
(b) adds a definition of "family violence, abuse or intimidation" to the Maintenance and Custody Act.
(a) sets out the factors the court must consider in any decision or determination relating to a child;
(b) sets out factors to guide the court's assessment of the impact of any family violence, abuse or intimidation; and
(c) clarifies that the maximum-contact principle that a child should have as much contact with each parent as is consistent with the best interests of the child is to be followed by the court.
(a) enable the Government of Nova Scotia to enter into an agreement with the Government of Canada respecting the administrative recalculation of child support orders under the Divorce Act (Canada); and
(b) expand the regulation-making authority to authorize regulations respecting such administrative recalculation of child support orders under the Divorce Act (Canada).
Clause 5 provides that this Act comes into force upon proclamation.
1 Section 2 of Chapter 160 of the Acts of 1989, the Maintenance and Custody Act, as amended by Chapter 3 of the Acts of 1997 (Second Session) and Chapter 29 of the Acts of 2000, is further amended by
(a) striking out clause (c) and substituting the following clause:
(b) adding immediately after clause (d) the following clause:
(ii) causing or attempting to cause psychological or emotional abuse that constitutes a pattern of coercive or controlling behaviour including, but not limited to,
but does not include acts of self-protection or protection of another person;(6) In determining the best interests of the child, the court shall consider all relevant circumstances, including
(b) each parent's or guardian's willingness to support the development and maintenance of the child's relationship with the other parent or guardian;
(c) the history of care for the child, having regard to the child's physical, emotional, social and educational needs;
(d) the plans proposed for the child's care and upbringing, having regard to the child's physical, emotional, social and educational needs;
(e) the child's cultural, linguistic, religious and spiritual upbringing and heritage;
(f) the child's views and preferences, if the court considers it necessary and appropriate to ascertain them given the child's age and stage of development and if the views and preferences can reasonably be ascertained;
(g) the nature, strength and stability of the relationship between the child and each parent or guardian;
(h) the nature, strength and stability of the relationship between the child and each sibling, grandparent and other significant person in the child's life;
(i) the ability of each parent, guardian or other person in respect of whom the order would apply to communicate and co-operate on issues affecting the child; and
(j) the impact of any family violence, abuse or intimidation, regardless of whether the child has been directly exposed, including any impact on
(ii) the appropriateness of an arrangement that would require co-operation on issues affecting the child, including whether requiring such co-operation would threaten the safety or security of the child or of any other person.
(b) how recently the family violence, abuse or intimidation occurred;
(c) the frequency of the family violence, abuse or intimidation;
(d) the harm caused to the child by the family violence, abuse or intimidation;
(e) any steps the person causing the family violence, abuse or intimidation has taken to prevent further family violence, abuse or intimidation from occurring; and
3 Chapter 160 is further amended by adding immediately after Section 54 the following Section:
(a) adding immediately after clause (ae) the following clause:
(b) relettering clause (da) as clause (daa) and adding immediately preceding that clause the following clause: