D. G. v. R. A.

D. G. v. R. A.

Applying the PSA best interests factors and the evidence, the court concluded the child requires greater educational stability and consistent attendance which the father is better able to provide; given ongoing high conflict and concerns about maternal coaching and unilateral decisions, the father is granted final decision-making authority when no third-party professional is involved and the child shall primarily reside with the father during the school year; no income is imputed to the mother on current evidence; mother must proportionately contribute to ongoing tutoring (s.7) based on actual income; retroactive reimbursement for past tutoring is denied.

Citation
2023 NSSC 190
Parties
Applicant (father): D. G.; Respondent (mother): R. A.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 July 2023
Procedural Posture
Family Law Parenting/custody and Support / Final Judgment (trial Decision)
Outcome
Judgment partly for applicant: parenting and decision-making orders modified in part in favour of father; financial relief limited to prospective proportionate contributions to tutoring; imputation and retroactive reimbursement denied; reserved jurisdiction for implementation and costs.
Legal Topics
Decision Making Authority, Parenting Time, Shared Parenting, Imputation of Income, Section 7 Expenses, Retroactive Expenses (tutoring), Agency Involvement (dcs)
Source Language
English
Family Law Child Protection Child Support Custody and Access Parenting Orders Decision Making Authority Parenting Time Shared Parenting +4 more

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Parties

D. G.

Applicant (father)

R. A.

Respondent (mother)

Procedural Posture

Family Law Parenting/custody and Support / Final Judgment (trial Decision)

Legal Issues

  1. 1 Decision-making arrangement for the child when no third-party professional is involved
  2. 2 Regular parenting arrangement during the school year
  3. 3 Whether to order a review of the parenting arrangements

Ratio Decidendi

Applying the PSA best interests factors and the evidence, the court concluded the child requires greater educational stability and consistent attendance which the father is better able to provide; given ongoing high conflict and concerns about maternal coaching and unilateral decisions, the father is granted final decision-making authority when no third-party professional is involved and the child shall primarily reside with the father during the school year; no income is imputed to the mother on current evidence; mother must proportionately contribute to ongoing tutoring (s.7) based on actual income; retroactive reimbursement for past tutoring is denied.

Court Disposition

Judgment partly for applicant: parenting and decision-making orders modified in part in favour of father; financial relief limited to prospective proportionate contributions to tutoring; imputation and retroactive reimbursement denied; reserved jurisdiction for implementation and costs.

Orders

  • All agreed terms in Exhibit 7 are ordered to form part of the final order
  • Parties must meaningfully consult in writing by agreed electronic means on major decisions when no third-party professional is involved