How to Create a Parenting Plan in New Brunswick

A parenting plan is the document that spells out how you and your co-parent will raise your children after separation. In New Brunswick, courts expect detailed, specific plans — not vague statements about "sharing" the children. Whether you're negotiating privately, working through mediation, or preparing for a court appearance, a well-drafted plan saves time, money, and conflict.

Here's what NB courts actually look for and how to build a plan that works.

What Must Be in Your Parenting Plan

New Brunswick courts evaluate parenting plans under the "best interests of the child" standard. A plan that's too vague or leaves major decisions unaddressed will either be rejected or create enforcement problems later. At minimum, your plan needs to cover:

Decision-Making Responsibility

Specify exactly how major decisions will be made in four areas: health and medical care, education, culture/religion/spirituality, and significant extracurricular activities. You have three options:

• Joint decision-making — both parents must consult and agree
• Allocated decision-making — each parent has final authority over specific areas
• Sole decision-making — one parent decides everything

Your plan should also state that routine day-to-day decisions (meals, bedtime, homework, minor discipline) are handled by whichever parent has the child at that moment.

Parenting Time Schedule

Lay out the regular weekly or bi-weekly rotation, including exact exchange days and times. Common NB schedules include alternating weeks (50/50), 2-2-5-5 rotations (50/50 with more frequent transitions for younger children), and alternate weekends with a midweek visit (roughly 70/30).

If you're aiming for shared parenting status under the Federal Child Support Guidelines, your schedule must give each parent at least 40% of the child's time — roughly 146 days per year.

Holiday and Vacation Schedule

Courts expect a specific holiday rotation covering Christmas/winter break, March break, Easter, summer vacation, Thanksgiving, and each parent's birthday. Most plans alternate holidays annually or split them (e.g., Christmas Eve with one parent, Christmas Day with the other).

Logistics and Administration

The details that prevent daily conflicts:

• Exchanges — where they happen (a neutral location, school, one parent's home) and who provides transportation
• Communication — how parents communicate with each other (email, text, co-parenting app) and how the child contacts the other parent during parenting time
• Right of first refusal — if you need childcare for more than a set number of hours, must you offer the other parent the time first?
• Travel — how much notice is required for out-of-province or international travel, and who holds the child's passport
• New partners — when and how new romantic partners are introduced to the children

Dispute Resolution Clause

Every good parenting plan includes a process for handling future disagreements. Without one, any minor conflict can escalate directly to court. A standard NB approach:

1. Direct communication — parents attempt to resolve the issue through their agreed communication channel (email, co-parenting app)
2. Mediation — if direct communication fails, parents agree to attend one or more mediation sessions before filing anything with the court
3. Court application — if mediation fails, either parent can bring a motion to the Court of King's Bench

Specifying this process in your parenting plan saves both parents from the expense and stress of going to court over issues that could be resolved in a single mediation session (C$250-C$400) rather than through motions and hearings (C$2,000+).

Common Drafting Mistakes

The mistakes that create the most problems in NB parenting plans:

• Using outdated terminology — "custody" and "access" were replaced in 2021. Courts still understand these terms, but using "decision-making responsibility" and "parenting time" demonstrates you understand the current framework.
• Leaving holidays unspecified — "We'll figure out Christmas" becomes a dispute every December. Spell it out.
• Ignoring the 40% threshold — if your schedule lands near 40%, calculate exact days. A schedule that falls just short of 146 days means one parent pays full table child support instead of the set-off amount.
• No dispute resolution clause — what happens when you disagree? Include a step (mediation before court) so minor disagreements don't immediately escalate to a motion.

Getting Your Plan Court-Ready

The New Brunswick Child Custody & Parenting Plan Guide includes fill-in worksheets for every section above — decision-making authority, parenting time calculations, holiday matrices, and administrative provisions. It walks you through drafting a plan that meets NB judicial expectations, whether you're filing under Rule 72 or Rule 81, so you're not paying a lawyer to draft from scratch.

See more New Brunswick guides →