Provincial Government Proposing Changes to Family Law

  • Justice and Public Safety

May 7, 2026

The Honourable Helen Conway Ottenheimer, Minister of Justice and Public Safety and Attorney General, is pleased Bill 12, An Act to Amend the Children’s Law Act and Family Law Act, has passed third reading in the House of Assembly.

Family law is an area of shared provincial–federal jurisdiction and the proposed changes will align provincial legislation with updates made to the federal Divorce Act. With the proposed legislation, the Provincial Government is placing the best interests of children at the centre of decisions when families are going through separation.

The proposed amendments would replace adversarial terminology such as “custody” and “access” with more neutral and modern language, like “decision-making responsibility”, “parenting time”, and “contact”. This updated language reflects a collaborative approach to parenting and encourages parents to focus on shared responsibilities rather than legal disputes.

In addition, the amendments would provide the following:

  • A clear definition of family violence, which must be considered when determining parenting arrangements.
  • Direction for parents to pursue family mediation and alternative dispute resolution where appropriate.

Quote
“When families go through separation and divorce, it can be an incredibly challenging time, particularly for children. Pending Royal Assent, these amendments will modernize our laws to reflect today’s realities, reduce unnecessary conflict, and ensure that the well-being of children is always the guiding principle. When parents are supported to work together, children are better positioned to thrive.”
Honourable Helen Conway Ottenheimer
Minister of Justice and Public Safety

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2026 05 07 3:40 pm