1The following definitions apply in this Act.
“best interests of the child” means the best interests of the child as determined in accordance with section 50.(intérêt supérieur de l’enfant)
“child” , except in Parts 3 and 4, means a person who has not attained the age of majority.(enfant)
“child support guidelines” means the guidelines established by regulation for making child support orders.(lignes directrices sur les aliments pour enfant)
“common-law partner” means a person who cohabits in a conjugal relationship with another person if the persons are not married to each other.(conjoint de fait)
“Court” means The Court of King’s Bench of New Brunswick and includes any judge of the Court.(Cour)
“decision-making responsibility” means the responsibility for making significant decisions about a child’s well-being, including decisions in respect of
(responsabilités décisionnelles)
(c)
culture, language, religion and spirituality, and
(d)
significant extra-curricular activities.
“dependant” means a person to whom another has an obligation to provide support under this Act.(personne à charge)
“family dispute resolution process” means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law.(processus de résolution des différends familiaux)
“family member” , when used in reference to any person, includes
(membre de la famille)
(a)
a parent or grandparent of the person,
(b)
a brother or sister of the person,
(c)
a brother or sister of the person’s parent,
(d)
a spouse or former spouse of the person,
(e)
a common-law partner or former common-law partner of the person,
(f)
a person with whom the person is a parent of one or more children, regardless of whether they have cohabited at any time,
(g)
a person who is cohabiting with or who has cohabited with the person in a family relationship, and
(h)
a spouse or common-law partner of any of the persons referred to in paragraphs (a) to (c), while they are cohabiting.
“family violence” means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that indicates a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person, and, in the case of a child, the direct or indirect exposure to the conduct, and includes
(violence familiale)
(a)
physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person,
(c)
threats to kill or cause bodily harm to any person,
(d)
harassment, including stalking,
(e)
the failure to provide the necessaries of life,
(h)
threats to kill or harm an animal or damage property, and
(i)
the killing or harming of an animal or the damaging of property.
“marital home” means property in which one or both spouses have an interest and that is or has been occupied as their family residence, and if property that includes a marital home is used for a purpose in addition to that of a family residence, the marital home is that portion of the property that may reasonably be regarded as necessary for the use and enjoyment of the family residence.(foyer matrimonial)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“parent” includes a person who has demonstrated a settled intention to treat a child as a child of the person’s family, except when the person is a foster parent or kinship caregiver to that child under the Child and Youth Well-Being Act.(parent)
“parenting order” means an order made under subsection 52(2).(ordonnance parentale)
“parenting time” means the time that a child spends in the care of a parent or a person who stands in the place of a parent or who intends to stand in the place of a parent, whether or not the child is physically with that person during that entire time.(temps parental)
“spouse” means either of two persons who
(conjoint)
(a)
are married to each other,
(b)
are married to each other by a marriage that is voidable and has not been voided by a declaration of nullity, or
(c)
have gone through a form of marriage with each other in good faith that is void.
“support order” means a child support order made under subsection 11(1) or a support order for a dependant who is not a child under subsection 17(1).(ordonnance alimentaire)
2020, c.23, s.110; 2022, c.28, s.20; 2023, c.17, s.85; 2023, c.36, s.12