How to Draft a Parenting Plan in New Brunswick Without a Lawyer
You can draft a parenting plan in New Brunswick without a lawyer, and many parents do. The process requires understanding what the court expects in the plan, which filing track your district uses, and how to structure your proposals so they hold up — not just on filing day, but when circumstances change in two years. Here's the full process, from blank page to court-ready document.
A lawyer is not required to file a parenting application or attach a parenting plan in New Brunswick. But drafting a plan yourself means you're responsible for getting the details right. The most common reason self-drafted plans get sent back or create problems later isn't a legal error — it's missing provisions that the parents didn't think to include until they became disputes.
Step 1: Determine Your Court Track
New Brunswick runs two different court procedures for family cases, and you need to know which one applies to you before you touch a single form.
Rule 81 — Case Management Model (Saint John and Moncton): Your case is assigned to a Triage Coordinator who reviews the application and may schedule a case conference with a Case Management Master. The Master can make interim orders. Filing starts with Form 81A.
Rule 72 — Standard Process (Fredericton, Bathurst, Campbellton, Edmundston, Miramichi, Woodstock): No triage system or case management. Filing starts with Form 72A for divorce petitions or a standard application for parenting matters.
Filing fees: C$75 for a parenting-only application, C$110 for a divorce petition that includes parenting.
Step 2: Complete the PIP Course
Before the court schedules a hearing on parenting matters, you'll need a Certificate of Completion from the Parent Information Program (PIP). This is a free, online course with three video modules and a multiple-choice quiz (60% to pass).
Complete it early — don't wait until the court clerk tells you it's required. Getting it done before filing removes one administrative delay.
Step 3: Draft Your Parenting Schedule
This is where most parents start, and where the 40% shared-parenting threshold immediately becomes relevant.
Under Section 9 of the Federal Child Support Guidelines, "shared parenting time" means each parent has at least 40% of the time over a year — at least 146 overnights or 3,504 hours. Below that threshold, child support is calculated from the payor's income alone. At or above it, both incomes factor in through the set-off method.
Map your proposed weekly schedule to annual overnights:
- Alternating weekends only: ~104 overnights/year for the non-primary parent (28.5%) — below threshold
- Alternating weekends + midweek overnight: ~130 overnights/year (35.6%) — still below
- 2-2-5-5 or alternating weeks: ~183 overnights/year (50.1%) — above threshold
If you're near the boundary, count every overnight for a full 52-week year including holidays and vacation periods. Courts have denied shared-parenting status over gaps as small as 10 hours.
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Step 4: Structure Decision-Making Responsibility
Since the 2021 reform, New Brunswick uses "decision-making responsibility" instead of "custody." You need to specify arrangements for four categories:
- Healthcare — routine medical care, dental, mental health, vaccinations, specialists
- Education — school choice, tutoring, special education needs, homeschooling
- Religion and spirituality — religious upbringing, ceremonies, community participation
- Significant extracurricular activities — competitive sports, music lessons, camps
For each category, specify whether responsibility is:
- Joint — both parents must agree before a decision is made
- Sole — one parent makes the final decision after consulting the other
- Divided — each parent has sole authority over specific categories
Don't write "we'll share all decisions." Courts expect specificity. Joint decision-making works when parents communicate well; sole authority over specific areas works when they don't. Your plan should reflect your actual situation.
Step 5: Build Your Holiday and Vacation Schedule
The regular weekly schedule is only part of the plan. You also need to address:
- Christmas/winter break — alternating years, split holiday (Christmas Eve with one parent, Christmas Day with the other), or another arrangement
- Easter/spring break — often alternating or tied to the non-regular parent's extended time
- March Break — one full week, usually alternating years
- Summer vacation — how many consecutive weeks each parent gets, and when the regular schedule resumes
- Birthdays — child's birthday, each parent's birthday, Mother's Day, Father's Day
- Long weekends — Thanksgiving, Victoria Day, Labour Day, Canada Day, New Brunswick Day
Holiday arrangements override the regular schedule. Specify which takes priority when they conflict, and build in transition times and transport logistics.
Step 6: Include the Provisions Most Parents Forget
These are the clauses that prevent disputes later:
- Right of first refusal — if one parent can't be with the child during their parenting time (e.g., work trip, evening out), the other parent gets the opportunity before a babysitter is called
- New-partner introduction protocols — minimum timeframe before introducing a new romantic partner to the child, overnight rules
- Communication with the child — phone/video call schedule during the other parent's time, who initiates, reasonable hours
- Travel and passport — rules for out-of-province and international travel, passport consent requirements
- Exchange logistics — pickup/dropoff location, who transports, what the child brings between homes
- Dispute resolution clause — what happens when parents disagree: discuss first, then mediation, then court as last resort. This keeps future conflicts from escalating immediately to legal proceedings
Step 7: Address Financial Disclosure
New Brunswick requires full financial disclosure in every support case. Before filing or attending mediation, gather:
- Last three years of income tax returns (T1 General)
- Recent pay stubs or proof of income
- Employment letter confirming salary
- Bank statements
- Property valuations (if applicable)
- Pension statements
Having these ready before your first court date or mediation session saves time and money. Private mediators charge C$250–C$400/hour — every document you have to track down during a session is billable time.
Common Mistakes in Self-Drafted Plans
Vague language. "The children will spend time with both parents" isn't enforceable. Specify days, times, pickup locations, and who's responsible for transport.
Missing the 40% calculation. Proposing a schedule without checking where it lands relative to the threshold means you might not understand the child support implications until the other parent's lawyer points it out.
Using old terminology. Writing "sole custody" or "access" instead of "decision-making responsibility" and "parenting time" signals to the court that you haven't engaged with the current law. It doesn't invalidate your plan, but it doesn't help your credibility.
No dispute resolution clause. Without one, every disagreement goes straight to a court application. A mediation-first clause saves both parents time and legal fees.
Forgetting Section 7 expenses. Child support covers basic costs. Extraordinary expenses — childcare, medical costs not covered by insurance, competitive sports, tutoring — are split proportionally to income. Your plan should specify which expenses qualify and how they're shared.
When to Consider Professional Help
Draft the plan yourself, and consider getting professional input at these points:
- Before filing: A single consultation with a family lawyer (one hour at C$300–C$600) to review your draft is far cheaper than having a lawyer draft the plan from scratch
- If you can't agree on the schedule: Private mediation to resolve the 2-3 points you're stuck on
- If safety is a concern: Domestic violence, substance abuse, or child safety issues require legal representation — don't self-represent in these situations
The New Brunswick Child Custody & Parenting Plan Guide provides worksheets for each step above — schedule templates with the 40% calculator, decision-making worksheets, holiday matrices, and separate filing roadmaps for Rule 81 and Rule 72 districts. It's the planning layer between the free government forms and a lawyer's hourly rate.
Who This Is For
- Parents in amicable or low-conflict separations who can discuss arrangements directly
- Self-represented filers preparing Form 81A (Saint John/Moncton) or Form 72A (other districts)
- Parents heading into mediation who want to arrive with a draft rather than starting from scratch at C$300/hour
- Anyone who wants to understand what a complete parenting plan looks like before deciding whether to hire a lawyer
Who This Is NOT For
- Parents facing domestic violence, safety threats, or situations involving child protection — get legal representation
- High-conflict cases where communication has completely broken down — a mediator or lawyer is necessary
- Parents who want someone else to draft the plan for them — this is a DIY process, not a drafting service
Frequently Asked Questions
Is a self-drafted parenting plan legally binding?
A parenting plan becomes legally binding when it's incorporated into a court order. You can file a joint application with your agreed-upon plan attached, and if the court approves it, it becomes an enforceable order. A separation agreement containing a parenting plan is also enforceable, though either parent can ask the court to vary it if circumstances change.
Can the court reject my parenting plan?
The court reviews plans against the best-interests-of-the-child standard under Section 50(2) of the Family Law Act. If the plan is reasonable, child-focused, and properly documented, rejection is rare for uncontested applications. Plans are more likely to be sent back for clarification (missing provisions, vague language) than outright rejected.
How long does this process take?
Drafting the plan itself takes most parents a few days to a few weeks, depending on how complex the arrangements are and how well the parents communicate. Filing to order in an uncontested case can take 2-6 months in New Brunswick depending on the court's schedule and whether you're in a Rule 81 (generally faster due to case management) or Rule 72 district.
Do I need the other parent's agreement before filing?
No. You can file a contested application if you can't agree. But uncontested applications — where both parents sign the proposed plan — are processed faster, cost less, and avoid the stress of a hearing. The goal of drafting your plan first is to present a reasonable proposal the other parent can negotiate from.
What if our plan stops working after it's ordered?
File a motion to vary based on a "material change in circumstances" — changed work schedules, a child's evolving needs, relocation. Consent changes (where both parents agree) use Form 81I. Contested changes use Form 81F. The Divorce Act's relocation provisions require 60 days' written notice before any move that would affect parenting time.
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