Boutilier v. Boutilier

Boutilier v. Boutilier

The proposed relocation was a material change but, on the interim record, allowing the mother to move to River Bourgeois was consistent with the children's best interests because it preserved and in some respects expanded the children's contact with the father, maintained stability with the primary custodial parent,...

Source-derived case information.

Citation
2009 NSSC 281
Parties
Applicant (mother, Primary Custodial Parent): Lorrie Boutilier (now LeBlanc); Respondent (father): Bruce Boutilier
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 September 2009
Procedural Posture
Divorce Family Law Mobility/child Relocation Under the Divorce Act / Interim Mobility Application/hearing (interim Parenting Order)
Outcome
Interim order permitting mother to relocate to River Bourgeois, Cape Breton with the children and granting the father specified access, communication and information rights
Legal Topics
Child Custody, Mobility Application, Best Interests of the Child, Access/visitation, Interim Order, Parenting Time, Parental Responsibilities
Source Language
english
Family Law Child Custody Mobility/relocation Divorce Act Proceedings Mobility Application Best Interests of the Child Access/visitation Interim Order +2 more

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Parties

Lorrie Boutilier (now LeBlanc)

Applicant (mother, Primary Custodial Parent)

Bruce Boutilier

Respondent (father)

Procedural Posture

Divorce Family Law Mobility/child Relocation Under the Divorce Act / Interim Mobility Application/hearing (interim Parenting Order)

Legal Issues

  1. 1 Whether the proposed intra-provincial move to River Bourgeois constitutes a material change in circumstances
  2. 2 Whether permitting the relocation is consistent with the best interests of the children
  3. 3 What interim access, contact and information-sharing arrangements should be ordered to preserve/maximize contact with the father

Ratio Decidendi

The proposed relocation was a material change but, on the interim record, allowing the mother to move to River Bourgeois was consistent with the children's best interests because it preserved and in some respects expanded the children's contact with the father, maintained stability with the primary custodial parent, and offered greater short-term financial and familial stability; accordingly an interim order permitting relocation with detailed access, communication and information-sharing conditions was made.

Court Disposition

Interim order permitting mother to relocate to River Bourgeois, Cape Breton with the children and granting the father specified access, communication and information rights

Orders

  • Mother to provide father the River Bourgeois home address, telephone and any cellphone by September 29, 2009 and notify him within 24 hours of any change
  • By October 31, 2009 mother to provide father name, address, telephone, fax and any email for the children’s doctor, dentist and teachers in Cape Breton