Divorce with Children in New Brunswick

When children are involved in a New Brunswick divorce, the court has a statutory duty to ensure their interests are protected before granting the divorce. This means additional paperwork, stricter judicial scrutiny, and specific financial calculations that must align with the Federal Child Support Guidelines.

The process is still manageable without a lawyer, but the margin for error is smaller.

What the Court Requires

Under both the federal Divorce Act and the provincial Family Law Act, a judge reviewing your divorce file must be satisfied that:

• Appropriate arrangements have been made for the support of the children
• The parenting plan reflects the best interests of the child standard
• Child support calculations follow the Federal Child Support Guidelines table amounts for New Brunswick

If the judge isn't satisfied on any of these points, they can refuse to grant the divorce — even if both spouses agree on everything else. This is one of the few areas where the court will actively intervene in an otherwise uncontested case.

Parenting Plans

A parenting plan outlines how you and your former spouse will share decision-making responsibility and parenting time. The court expects the plan to cover:

• Living arrangements: Where the children will reside and the schedule for each parent
• Decision-making: How major decisions (education, health care, religious upbringing, extracurricular activities) will be made — jointly or by one parent
• Holiday and vacation schedules: How statutory holidays, school breaks, and vacation time are divided
• Communication: How the children will maintain contact with the non-residential parent
• Dispute resolution: How disagreements about the children will be handled (mediation, arbitration, or back to court)

In Rule 81 districts (Moncton and Saint John), you'll need to complete Form 81B (Affidavit in Support of Claim for Parenting Order). This requires you to document your children's historical care patterns and your proposed schedule in a format the court clerk will accept.

Child Support Calculations

New Brunswick uses the Federal Child Support Guidelines to determine child support amounts. The calculation is primarily based on two factors:

1. The paying parent's gross annual income (before taxes)
2. The number of children

The Guidelines include a table that sets the base monthly amount. For example, a parent earning $50,000 annually with two children in New Brunswick would owe a base amount dictated by the federal table — the court expects your petition to match these numbers exactly.

You'll need to provide three years of CRA tax documents (T1 General returns, Notices of Assessment) to verify income. If the paying parent is self-employed or has irregular income, additional financial documentation may be required.

Special Expenses (Section 7)

Beyond the base table amount, the Guidelines allow for the sharing of "special or extraordinary expenses" proportional to each parent's income. These include:

• Child care costs required for employment or education
• Medical and dental insurance premiums
• Health-related expenses not covered by insurance
• Extraordinary extracurricular activities
• Post-secondary education expenses

Both parents typically share these costs in proportion to their respective incomes.

The Best Interests Standard

New Brunswick courts evaluate parenting arrangements through the best interests of the child standard. Judges consider factors including:

• The child's emotional, physical, and psychological needs
• Each parent's ability to provide care and meet those needs
• The child's existing relationships and community ties
• The child's views and preferences (depending on age and maturity)
• Any history of family violence or conduct that may affect the child's wellbeing
• The stability of proposed living arrangements

This standard applies whether the case is contested or uncontested. Even when both parents agree on arrangements, the judge independently assesses whether the plan serves the child's interests.

How Children Affect the Filing Process

The core filing sequence remains the same — petition, service, Clearance Certificate, Trial Record, desk review — but with children you'll include additional documents:

• Parenting plan attached to or referenced in the petition
• Child support calculation matching the Federal Guidelines table
• Three years of tax documents for income verification
• Form 81B (if filing in Moncton or Saint John under Rule 81)

The judge's desk review takes longer when children are involved because the court must verify the support calculations independently. Errors in child support math are a common reason for files being returned for correction.

OurFamilyWizard

Some New Brunswick Family Court judges specifically recommend or mandate the use of OurFamilyWizard, a co-parenting communication platform. It provides court-admissible communication logs, colour-coded parenting schedules, and shared expense tracking. The cost is $125 per parent annually in Canada.

It's not required for the divorce filing itself, but if your parenting plan includes provisions for ongoing communication, it's worth knowing that courts in the province view this platform favourably.

Protecting Your Parenting Rights

If there's any possibility your spouse will contest custody or parenting arrangements, consult a family lawyer before filing. Self-representation works well for fully agreed-upon uncontested divorces, but contested parenting disputes involve complex evidence and legal standards that are difficult to navigate alone.

The New Brunswick Divorce Filing Process Guide includes a child support worksheet aligned with the Federal Guidelines tables and a parenting plan template that covers what New Brunswick courts expect to see.

See more New Brunswick guides →