An Act to Amend the Family Law Act

Summary#

This bill updates the Northwest Territories Family Law Act. It replaces older terms like custody and access with “decision-making responsibility” and “parenting time,” to match the Children’s Law Act. It sets clear rules for family arbitration and makes child support in new private agreements easier to update through an administrative service. It also recognizes certain polygamous marriages from other countries for family-law purposes and updates language to be more inclusive.

Key changes:

• Uses “decision-making responsibility” and “parenting time” (from the Children’s Law Act) instead of “custody” and “access,” throughout the Act and in private agreements.
• Lets separation and parental agreements include parenting time/decision-making and guardianship of a child’s estate; but makes those terms in marriage or cohabitation (prenup) agreements unenforceable in the NWT.
• Adds a default rule: child support set in new domestic contracts can be recalculated by the Recalculation Service (an administrative program) unless the agreement explicitly says no.
• Sets rules for family arbitration: it must use only NWT or other Canadian law; you can agree to arbitrate only after a dispute starts; and you cannot contract out of these protections. Decisions from non-Canadian-law processes have no legal effect.
• Broadens “spouse” to include a marriage that is actually or potentially polygamous, if it was made in a place where polygamy is legally recognized.
• Updates wording to gender‑neutral and inclusive terms (for example, “birth parent,” “themself,” “their”) and aligns references (such as the definition of “family violence”) with the Children’s Law Act.
• Timing: takes effect on a date set by the Commissioner.

What it means for you#

• Parents separating or sharing parenting

  • Decision-making and parenting time in your agreements will use the newer terms and standards from the Children’s Law Act.
  • If you sign a new agreement that sets child support, the amount can be recalculated by the Recalculation Service if it qualifies and someone applies, unless your agreement clearly opts out.
  • You can set parenting time/decision-making in a separation or parental agreement, but not in a prenup or cohabitation agreement. Any parenting terms in a prenup/cohab agreement will not be enforceable in the NWT.
  • What is unclear: The bill does not explain how people will be told about the default recalculation or how fast recalculations will occur.

• Couples making or living under prenup or cohabitation agreements

  • You may still set property and support terms, but you cannot lock in parenting time/decision-making or guardianship of a child’s estate in these agreements.
  • Spousal support decisions must recognize how having decision-making responsibility for children can affect a spouse’s career and earnings.

• People using arbitration to resolve family disputes

  • Arbitration must follow only NWT or other Canadian law. If the process uses other legal systems or mixed rules, its decision has no legal effect.
  • You can agree to arbitrate only after a dispute has arisen. Pre-dispute arbitration clauses will not be enforceable.
  • You cannot agree to waive these protections.

• Spouses and partners

  • During cohabitation, one spouse can make both spouses jointly and separately liable to third parties for necessities of life, unless the third party was told that authority was withdrawn.

• People in marriages from other countries

  • If your marriage is actually or potentially polygamous and it was made in a place where polygamy is legal, you can be treated as a “spouse” under the NWT Family Law Act.
  • What is unclear: The bill does not explain how the Act will handle property or support across multiple spouses.

• People seeking a child’s name change

  • The Change of Name Act is updated so that parental or separation agreements that qualify as “domestic contracts” under the Family Law Act are recognized for name-change purposes.

Expenses#

The bill may increase administrative costs, but no estimate is available.

• More agreements will default into the Recalculation Service, which could raise its workload.
• Courts, lawyers, mediators, and arbitrators may need training and updated forms to use the new terms and arbitration rules.
• The bill itself does not create new fees or set funding levels.
• No publicly available information on overall fiscal impact.

Proponents' View#

• The bill appears intended to align family law language and standards with the Children’s Law Act, focusing on children’s best interests using “decision-making responsibility” and “parenting time.”
• Allowing administrative recalculation of child support could keep payments fair and up to date without going to court, improving access to justice.
• Stronger rules for family arbitration (Canadian law only, no pre-dispute clauses, no contracting out) could protect parties from unfair processes and ensure decisions follow Canadian public policy.
• Making parenting terms in prenups/cohabitation agreements unenforceable keeps child-related decisions closer to the time of need, when a child’s best interests can be assessed.
• Inclusive language (such as “birth parent”) and recognizing certain polygamous marriages help ensure diverse families are not left without legal protections or clarity.

Opponents' View#

• Default administrative recalculation may reduce certainty for people who negotiated a fixed child support amount, unless they knew to opt out.
• Banning pre-dispute arbitration and requiring Canadian law only may limit parties’ freedom to choose religious or cultural dispute-resolution methods, making those outcomes legally ineffective.
• Recognizing polygamous marriages as “spouse” could create complex property and support issues; the bill does not explain how multiple spouses’ rights would be balanced.
• Making parenting terms in prenups/cohab agreements unenforceable may frustrate couples who want to plan ahead and could lead to more disputes later.
• The bill does not provide details on resources or timelines for the Recalculation Service, raising questions about capacity and delay.