K.R.C. v. C.A.C.

K.R.C. v. C.A.C.

On the balance of evidence the mother’s credibility was poor, her conduct placed the children at risk of emotional harm and she repeatedly interfered with access; the father was capable of providing care and distancing from conflict; accordingly interim custody was awarded to the father, exclusive possession of the...

Source-derived case information.

Citation
2007 NSSC 226
Parties
Petitioner (father): C. (K. R.); Respondent (mother): C. (C. A.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 July 2007
Procedural Posture
Divorce (custody and Access, Interim Application) / Interim Variation Hearing; Oral Decision Issued and Written Decision Rendered
Outcome
Interim relief granted: children removed from mother’s primary care and interim custody awarded to father; father granted exclusive possession of matrimonial home; mother's access limited and subject to terms set by father (including supervision if required); father relieved from paying for court‑ordered parental...
Legal Topics
Custody and Access, Best Interests of the Child, Parental Capacity Assessment, Interim Orders, Exclusive Possession of Matrimonial Home, Credibility Findings, Access Supervision, Allocation of Assessment Costs
Source Language
english
Family Law Child Custody Divorce Domestic Violence Costs and Assessments Custody and Access Best Interests of the Child Parental Capacity Assessment +5 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

C. (K. R.)

Petitioner (father)

C. (C. A.)

Respondent (mother)

Procedural Posture

Divorce (custody and Access, Interim Application) / Interim Variation Hearing; Oral Decision Issued and Written Decision Rendered

Legal Issues

  1. 1 Whether the children should be removed from the mother’s primary care and interim custody awarded to the father
  2. 2 Whether the father should be granted exclusive possession of the matrimonial home
  3. 3 Whether and how a court‑ordered parental capacity assessment should be conducted and who should bear its cost

Ratio Decidendi

On the balance of evidence the mother’s credibility was poor, her conduct placed the children at risk of emotional harm and she repeatedly interfered with access; the father was capable of providing care and distancing from conflict; accordingly interim custody was awarded to the father, exclusive possession of the matrimonial home granted to the father, the mother’s access was limited and subject to the father’s terms (including supervision if he deems necessary), and the court waived the father’s obligation to pay for the parental capacity assessment due to financial hardship considerations and the regulatory scheme.

Court Disposition

Interim relief granted: children removed from mother’s primary care and interim custody awarded to father; father granted exclusive possession of matrimonial home; mother's access limited and subject to terms set by father (including supervision if required); father relieved from paying for court‑ordered parental...

Orders

  • Children removed from mother’s primary care and placed in father’s care on an interim basis
  • Father granted exclusive possession of the matrimonial home