Baker-Warren v. Denault

Baker-Warren v. Denault

Applying the balance of probabilities and best interests analysis the court found neither parent suitable for sole custody due to maternal alienating conduct and paternal anger/impulsivity; imposed shared custody within a parallel parenting regime with mother as primary residential parent subject to mandatory therapeutic interventions; imputed annual income of $20,000 to the father and ordered child support of $161/month plus arrears repayment of $100/month; permitted relocation to Gatineau only upon translation/registration and demonstrated therapeutic progress.

Citation
2009 NSSC 59
Parties
Applicant/respondent: Laura Baker-Warren; Respondent/applicant: Mark Denault
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 May 2009
Procedural Posture
Family Law Custody and Maintenance / Trial Decision (written Decision May 12, 2009)
Outcome
Shared custody in a parallel parenting regime effective May 21, 2009; primary residential care to mother subject to conditions; therapeutic interventions ordered; imputed income and child support ordered; relocation to Gatineau permitted subject to conditions.
Legal Topics
Custody, Parenting Plan, Parallel Parenting, Child Support, Imputation of Income, Parental Alienation, Credibility Assessment, Burden of Proof, Relocation/move
Source Language
English
Family Law Custody Parenting Plan Parallel Parenting Child Support Imputation of Income Parental Alienation Credibility Assessment +2 more

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Parties

Laura Baker-Warren

Applicant/respondent

Mark Denault

Respondent/applicant

Procedural Posture

Family Law Custody and Maintenance / Trial Decision (written Decision May 12, 2009)

Legal Issues

  1. 1 Applicable civil standard of proof
  2. 2 Witness credibility and factors for assessment
  3. 3 Whether sole, joint, or parallel/shared custody is in best interests of the child

Ratio Decidendi

Applying the balance of probabilities and best interests analysis the court found neither parent suitable for sole custody due to maternal alienating conduct and paternal anger/impulsivity; imposed shared custody within a parallel parenting regime with mother as primary residential parent subject to mandatory therapeutic interventions; imputed annual income of $20,000 to the father and ordered child support of $161/month plus arrears repayment of $100/month; permitted relocation to Gatineau only upon translation/registration and demonstrated therapeutic progress.

Court Disposition

Shared custody in a parallel parenting regime effective May 21, 2009; primary residential care to mother subject to conditions; therapeutic interventions ordered; imputed income and child support ordered; relocation to Gatineau permitted subject to conditions.

Orders

  • Shared custody with a detailed parallel parenting schedule effective May 21, 2009
  • Primary residential care to Laura Baker-Warren subject to compliance with therapeutic interventions and other conditions