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Maintenance and Custody Act (amended)

BILL NO. 63

(as introduced)

5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013



Private Member's Bill



Maintenance and Custody Act
(amended)



The Honourable Karen Casey
Colchester North



First Reading: April 26, 2013

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

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

Clause 2 provides for grandparent access orders without leave of the court, sets out the matters the court must consider in making a grandparent access order and 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 and Chapter 7 of the Acts of 2012, is further amended by

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

(b) striking out "a grandparent, other" in the second and third lines and substituting "another"; and

(c) 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 (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

(c) the willingness of each applicant for custody to facilitate the child’s contact with each parent and grandparent.

(7) 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 © 2013 Crown in right of Nova Scotia. Created April 26, 2013. Send comments to legc.office@novascotia.ca.