Canada Gets it! This is a badly needed change in law that I hope finds its way across the border into America.
A new law is coming to Nova Scotia that will apply to grandparents, families who move, and parents who shirk — or deny — time that should be spent with their children.
The Parenting and Support Act, Bill 131, which received royal assent last December and is expected to be proclaimed this fall, contains sweeping changes to the former Maintenance and Custody Act.
The new law will allow grandparents — or other people who’ve been substantially involved in a child’s life — to ask the court for time with the child, or to be allowed to talk on the phone, send gifts and attend family parties. Under the current law, the court can order those things only for a parent or guardian.
While bringing Nova Scotia on par with most other Canadian provinces, the new act also comes with legal bite for parents: A mother or father who fails to show up for court-ordered “contact time” with their child could face financial penalties of up to $5,000.
On the flip side, the primary parent can be similarly penalized if they refuse to co-operate with what used to be called “access” and is now called “contact time” with the child for the other parent. The $5,000 penalty won’t apply if the other parent is impaired by drugs or alcohol or presents a danger to the child.
The court may also order the parents to pay for supervision when passing the child over.
To smooth out some of the common disagreements between feuding parents, the adults may be ordered to attend counselling, or to comply with a “parenting plan” — an agreement that covers, for example, where the child will attend school. It can also describe the finer points of child care, such as bedtime and help with homework.
An important development for Nova Scotia, with its large migratory population, is the change to parental “mobility,” or the freedom to move with a child to another city or province.
Formerly, a parent who was scantily involved in a child’s life could prevent the primary parent from relocating, which often caused economic hardship for those seeking work.
Now, when only one parent is substantially involved in a child’s life, the court will presume that he or she has good reason for moving.
The uninvolved parent will be able to interfere with the move only if they can show that it would be bad for the child — for example, if the new home is in a war-torn country.
Parents will have to give each other 60 days notice of intent to move, except when one parent has zero involvement with the child.
Spiteful parents will find it more difficult to needlessly prolong court disputes or to rack up expensive legal bills for their opponent. When a parent “habitually, persistently and without reasonable grounds (starts) frivolous or vexatious proceedings,” the court may require them to seek permission before opening new complaints.
Deadbeat parents could pay more
Diana Whalen, Nova Scotia’s minister of justice, introduced legislation Oct. 25 that, if passed, will beef up the province’s collection of child support from deadbeat parents.
Bill 44, which underwent second-reading debate in the legislature Thursday, would allow the provincial maintenance enforcement agency to collect more money from persistent non-payers than they owe, and to hold it for future payments.
It will also allow the agency to serve notice to delinquent payers by email and social media message.
And, it will permit the agency to block renewal of driver and vehicle licences without notice to non-payers.
“There are more than 16,000 Nova Scotian children who rely on these court-ordered payments being made in full and on time,” Whalen stated in a press release. “This legislation is about ensuring that we have all the tools necessary to better help families regain economic stability following the breakup of a relationship.””
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