BILL 49

An Act to Amend the Family Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 129 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended

(a)  by repealing subsection (3);

(b)  by adding before subsection (4) the following:

129( 3.1) On application, the court may order, on the basis of the best interests of the child, that either parent, a grandparent, another member of the child’s immediate family or any other person shall have access to a child, whether or not an order for custody has been made with respect to the child.

129( 3.2) An order under subsection (3.1) shall be made subject to the terms and conditions that the court determines.

129( 3.3) On application by a grandparent or another member of the child’s immediate family, other than a parent or guardian, the court shall take into consideration the willingness of each parent or guardian of the child to facilitate access and the need for making an order for access.

129( 3.4) An order under subsection (3.1) may provide that access be exercised in the form of visits, oral or written communication or by any other means of communication.

129( 3.5) The court may vary or discharge an order under subsection (3.1) at any time.

(c)  by repealing subsection (4) and substituting the following:

129( 4) Except on an application under subsection (2) or (3.5) to vary or discharge an order, a court shall not make a determination on custody or access if there is an existing order made under subsection (2) or (3.1) in respect of the same subject matter.