Maintenance and Custody Act (amended)

BILL NO. 40

(as introduced)

1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014

Government Bill

Maintenance and Custody Act
(amended)

The Honourable Lena Metlege Diab
Minister of Justice

First Reading: April 7, 2014

(Explanatory Note)

Second Reading: April 22, 2014

Third Reading: May 1, 2014 (LINK TO BILL AS PASSED)

Explanatory Note

This Bill removes the requirement for a grandparent to have the leave of the court to make an application to the court for access and visiting privileges and adds additional matters for the court to consider in deciding the application.

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1 (1) Subsection 18(2) of Chapter 160 of the Revised Statutes, 1989, the Maintenance and Custody Act, is repealed and the following subsections substituted:

(2) The court may, on the application of a parent or guardian or, with leave or permission of the court, a grandparent, another member of the child’s family or another person, make an order that a child shall be in or under the care and custody of the parent or guardian or authorized person.

(2A) The court may, on the application of a parent, grandparent or guardian or, with leave or permission of the court, another member of the child’s family or another person, make an order respecting access and visiting privileges of a parent, grandparent, guardian or authorized person.

(2) Section 18 of Chapter 160, as amended by Chapter 5 of the Acts of 1990 and Chapters 7 and 25 of the Acts of 2012, is further amended by adding immediately after subsection (6) the following subsection:

(6A) In determining the best interests of the child on an application for access and visiting privileges by a grandparent, the court shall also consider

(a) when appropriate, the willingness of each parent or guardian to facilitate access by and visiting with the grandparent; and

(b) the necessity of making an order to facilitate access and visiting between the child and the grandparent.

2 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created May 2, 2014. Send comments to legc.office@novascotia.ca.

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