Current federal and Nova Scotia family legislation uses parenting terminology rather than treating custody and access as the primary terms. Older orders using custody or access can remain effective, but new analysis focuses on decision-making responsibility, parenting time, contact or interaction and the best interests of the child.
Sources checked September 29, 2026.
Decision-making responsibility
Responsibility for significant decisions can concern health, education, culture, language, religion, spirituality and other major aspects of a child's well-being.
- sole or shared responsibility
- major decisions
- day-to-day decisions
Parenting time
Parenting time concerns when a child is in a parent's or caregiver's care and the responsibilities exercised during that time.
- schedules
- holidays and school breaks
- day-to-day care
Contact and interaction
Non-parents or other important people may seek forms of contact or interaction depending on the governing legislation and their relationship with the child.
- contact orders
- contact time
- interaction
Best interests of the child
Parenting decisions are made by reference to the child's best interests rather than a presumption of equal time or a parent's ownership-like right.
- child's needs and relationships
- family violence
- stability and history of care
Parenting plans and orders
Arrangements may be documented in agreements, parenting plans or court orders and may later require enforcement or variation.
- parenting plan
- parenting order
- variation
Official sources
- Nova Scotia Family Law — Decision-making and Time
- Nova Scotia Family Law — Parenting Orders
- Justice Canada — Divorce Act