Wood v. McGrath

Wood v. McGrath

Judge found a material change (husband's military posting out of province not contemplated by the 2007 consent order), conducted a best interests analysis and held that continuation of the shared custody arrangement in Nova Scotia was in the children's best interests; accordingly the mother was not permitted to remove the children to Ottawa, and if she nevertheless moved the children would remain in the day-to-day care of the father with specified block access to the mother and the mother responsible for travel costs with no child support payable at present.

Citation
2009 NSSC 384
Parties
Petitioner (mother): Sandra Wood; Respondent (father): Shawn McGrath
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 December 2009
Procedural Posture
Divorce Act Custody Variation (mobility) / Judgment on Application to Vary Custody
Outcome
Application to relocate with children denied; children to remain in Nova Scotia in father's day-to-day care; conditional regime if mother nevertheless moves to Ottawa
Legal Topics
Custody Variation, Best Interests of the Child, Material Change in Circumstances, Section 17 Divorce Act, Gordon V. Goertz Analysis
Source Language
English
Family Law Child Custody and Access Mobility/relocation Custody Variation Best Interests of the Child Material Change in Circumstances Section 17 Divorce Act Gordon V. Goertz Analysis

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Parties

Sandra Wood

Petitioner (mother)

Shawn McGrath

Respondent (father)

Procedural Posture

Divorce Act Custody Variation (mobility) / Judgment on Application to Vary Custody

Legal Issues

  1. 1 Whether there has been a material change in circumstances to permit variation of a custody order
  2. 2 Whether relocation to Ottawa is in the best interests of the children
  3. 3 Appropriate restructuring of parenting time and responsibility for travel costs if relocation occurs

Ratio Decidendi

Judge found a material change (husband's military posting out of province not contemplated by the 2007 consent order), conducted a best interests analysis and held that continuation of the shared custody arrangement in Nova Scotia was in the children's best interests; accordingly the mother was not permitted to remove the children to Ottawa, and if she nevertheless moved the children would remain in the day-to-day care of the father with specified block access to the mother and the mother responsible for travel costs with no child support payable at present.

Court Disposition

Application to relocate with children denied; children to remain in Nova Scotia in father's day-to-day care; conditional regime if mother nevertheless moves to Ottawa

Orders

  • Children to remain in Nova Scotia and under the continuing joint custody structure if mother does not move; current July 2007 order to remain in effect.
  • If mother moves to Ottawa the children remain in the day-to-day care of the father and joint custody continues.