129(1)Unless otherwise agreed by written agreement or unless otherwise ordered by the court, where the child has more than one parent, the parents jointly have custody of their child.

129(2)Upon application the court may order that either or both parents, or any person, either alone or jointly with another, shall have custody of a child, subject to such terms and conditions as the court determines, such order to be made on the basis of the best interests of the child; and the court may at any time vary or discharge the order.

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.

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.

129(5)Nothing in subsection (4) limits the jurisdiction of The Court of Queen’s Bench of New Brunswick to hear a custody or access application and to make a determination as to custody or access in respect of a matter that has previously been determined in the Provincial Court.

129(1)Unless otherwise agreed by written agreement or unless otherwise ordered by the court, where the child has more than one parent, the parents jointly have custody of their child.

129(2)Upon application the court may order that either or both parents, or any person, either alone or jointly with another, shall have custody of a child, subject to such terms and conditions as the court determines, such order to be made on the basis of the best interests of the child; and the court may at any time vary or discharge the order.

129(3)Upon application the court may order that either parent or any person shall have access to a child, whether or not an order for custody has been made with respect to the child, subject to such terms and conditions as the court determines, such order to be made on the basis of the best interests of the child; and the court may at any time vary or discharge the order.

129(4)Except on an application under subsection (2) or (3) to vary or discharge an order, a court shall not make a determination of custody or access where there is an existing order made under subsection (2) or (3) in respect of the same subject matter.

129(5)Nothing in subsection (4) limits the jurisdiction of The Court of Queen’s Bench of New Brunswick to hear a custody or access application and to make a determination as to custody or access in respect of a matter that has previously been determined in the Provincial Court.

129(1)Unless otherwise agreed by written agreement or unless otherwise ordered by the court, where the child has more than one parent, the parents jointly have custody of their child.

129(2)Upon application the court may order that either or both parents, or any person, either alone or jointly with another, shall have custody of a child, subject to such terms and conditions as the court determines, such order to be made on the basis of the best interests of the child; and the court may at any time vary or discharge the order.

129(3)Upon application the court may order that either parent or any person shall have access to a child, whether or not an order for custody has been made with respect to the child, subject to such terms and conditions as the court determines, such order to be made on the basis of the best interests of the child; and the court may at any time vary or discharge the order.

129(4)Except on an application under subsection (2) or (3) to vary or discharge an order, a court shall not make a determination of custody or access where there is an existing order made under subsection (2) or (3) in respect of the same subject matter.

129(5)Nothing in subsection (4) limits the jurisdiction of The Court of Queen’s Bench of New Brunswick to hear a custody or access application and to make a determination as to custody or access in respect of a matter that has previously been determined in the Provincial Court.

129(6)A custody or access order made in The Court of Queen’s Bench of New Brunswick is paramount in relation to a custody or access order made in the Provincial Court, and the Provincial Court has no jurisdiction under this section to vary or discharge a custody or access order previously made in The Court of Queen’s Bench of New Brunswick.