Maintenance and Custody Act (amended)

BILL NO. 4

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Private Member's Bill

Maintenance and Custody Act
(amended)

Keith Bain
Victoria–The Lakes

First Reading: March 30, 2012

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 adds a definition of "grandparent" to the Maintenance and Custody Act.

Clause 2

(a) requires the court to advise parties of the option of mediation;

(b) provides for grandparent-access orders;

(d) requires a consideration of grandparent access in all access and custody orders; and

(e) provides that a person who has custody of a child shall not unreasonably place obstacles to personal contact between the child and the child's grandparents.

An Act to Amend Chapter 160
of the Revised Statutes, 1989,
the Maintenance and Custody Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 160 of the Revised Statutes, 1989, the Maintenance and Custody Act, as amended by Chapter 3 of the Acts of 1997 (2nd Session) and Chapter 29 of the Acts of 2000, is further amended by adding immediately after clause (d) the following clause:

(da) "grandparent" means the parent of a parent of a child;

2 (1) Subsection 18(2) of Chapter 160, as amended by Chapter 5 of the Acts of 1990, is further amended by

(a) adding ", grandparent" after "parent" in the second line; and

(b) adding ", grandparent" after "parent" in the second line of clause (b).

(2) Section 18 of Chapter 160, as amended by Chapter 5 of the Acts of 1990, is further amended by adding immediately after subsection (1) the following subsection:

(2A) The court shall, before setting a trial date on the application pursuant to subsection (2), ensure that both parties are aware of the option of mediation to settle any issues in dispute.

(3) Section 18 of Chapter 160, as amended by Chapter 5 of the Acts of 1990, is further amended by adding immediately after subsection (5) the following subsections:

(6) In making an order under subsection (2), the court shall take into consideration

(a) the principle that a child should have as much contact with each parent and grandparent as is consistent with the welfare of the child;

(b) the importance of maintaining emotional ties between the child and the child's parents and grandparents; and

(7) An order for custody or access or both custody and access must include a determination of the rights of the child's grandparent to access.

(8) A person who has custody of a child shall not unreasonably place obstacles to personal contact between the child and the child's grandparents.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created March 30, 2012. Send comments to legc.office@novascotia.ca.

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