Nova Scotia Unified Family Courts

For years, Nova Scotia has operated with Family Courts for Custody and Access for non-married parties and with Supreme Court for all matters related to a Divorce. The distinction related to whether the legislation being applied was federal like the Divorce Act, or Provincial like the Parenting and Support Act.

Halifax and Sydney moved to a unified court years ago where the same court (Supreme Court Family Division) could deal with all matters together as it had authority to provide remedies under provincial and federal legislation. These counties also operate with a different set of Civil Procedure Rules (the Family Court Rules found in Rule 59)

As of January 1, 2020 Nova Scotia has begun the move to a unified system in all Counties by assigning a Supreme Court Justice to sit in the various the Family Courts thereby having a judge with jurisdiction under all applicable legislation.

Although Halifax and Sydney remain the only Supreme Court Family Division Courts the province has moved to a unified court in all court jurisdictions except Kentville and Bridgewater. These counties are now switching to the same Civil Procedure Rules as are in Halifax and Sydney.

This posses additional challenges for people who have started proceedings before January 1, 2020 in a county under Civil Procedure Rule 62 because of the changes related to Rule 59. The Rules can be found at https://www.courts.ns.ca/civil_procedure_rules/cpr_home.htm

If you have questions, we would be happy help you.

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