C.L.W. v. P.J.F.

C.L.W. v. P.J.F.

The court found a material change in circumstances — the children had been residing with the father, the father demonstrated sustained sobriety and employment, and independent home study and children’s wish assessments supported that the children were happy and wished to remain with their father — and that staying where the children are served their best interests. Accordingly the prior order was varied: custody awarded to the father with joint custody including the paternal grandmother, an access regime for the mother was set, and child support was terminated retroactive to July 9, 2011.

Citation
2012 NSFC 16
Parties
Applicant (father): C.L.W.; Applicant (paternal Grandmother): R.A.W.; Respondent (mother): P.J.F.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
12 September 2012
Procedural Posture
Family Court Custody and Child Support Variation / Final Hearing/decision Following Contested Custody Applications and Home Study
Outcome
Custody awarded to the father with joint custody including the paternal grandmother; access for the mother as specified; child support terminated retroactively to July 9, 2011.
Legal Topics
Change of Circumstances, Children's Wishes, Home Study, Access/supervised Access, Maintenance and Custody Act S.18
Source Language
English
Family Law Child Custody Child Support Change of Circumstances Children's Wishes Home Study Access/supervised Access Maintenance and Custody Act S.18

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Parties

C.L.W.

Applicant (father)

R.A.W.

Applicant (paternal Grandmother)

P.J.F.

Respondent (mother)

Procedural Posture

Family Court Custody and Child Support Variation / Final Hearing/decision Following Contested Custody Applications and Home Study

Legal Issues

  1. 1 Whether there has been a change in circumstances sufficient to vary the prior custody order
  2. 2 What custodial arrangement is in the best interests of the children
  3. 3 Whether child support should be terminated retroactive to the date children resided with the father

Ratio Decidendi

The court found a material change in circumstances — the children had been residing with the father, the father demonstrated sustained sobriety and employment, and independent home study and children’s wish assessments supported that the children were happy and wished to remain with their father — and that staying where the children are served their best interests. Accordingly the prior order was varied: custody awarded to the father with joint custody including the paternal grandmother, an access regime for the mother was set, and child support was terminated retroactive to July 9, 2011.

Court Disposition

Custody awarded to the father with joint custody including the paternal grandmother; access for the mother as specified; child support terminated retroactively to July 9, 2011.

Orders

  • Sole custody of the children placed with the father and joint custody to include the paternal grandmother R.A.W.
  • Mother granted liberal telephone and e-mail contact with children