Child Custody

Determining child custody is one of the essential issues of any divorce. In New Brunswick, the divorcing parents are encouraged to resolve child-related matters on their own, and the court is likely to approve their arrangement.

In Canada, parents often agree on joint custody, which means sharing parental rights and liabilities.

Sole custody can be given to only one parent if the second parent has shown himself/herself to be a negative influence or has committed violence against the child.

If the parents fail to agree on dividing parental rights amicably, then the court shall decide child custody based on the best interests of the child. Factors that will be considered include:

• the preferences of parents concerning the custody arrangement;
• the wishes of the child provided that he or she is mature enough;
• emotional connections between the child and each parent;
• the physical, mental, and emotional condition of the parties;
• each parent's willingness and ability to negotiate with the other parent in the process of raising a child;
• each parent's desire to encourage the child's contact with the second parent;
• any history of abuse in the family;
• and other conditions and circumstances the court may consider valid.