J.Y.Z.Y. v. G.J.Y.

J.Y.Z.Y. v. G.J.Y.

On the interim application the child’s welfare and status quo required primary care with the mother; joint guardianship was ordered with the mother as primary caregiver. Access to the father was ordered on specified evenings and one weekend period with mandatory conditions prohibiting being under the influence of marijuana/alcohol/non-prescription drugs, prohibiting the child being in company of persons under influence, and prohibiting derogatory statements about the mother in the child's presence. No interim child support was ordered because the father is unemployed and no income was imputed. The wife was granted exclusive possession of the matrimonial home and vehicle (subject to...

Citation
2005 NSSC 201
Parties
Applicant (wife): Y.(J.Y.Z.); Respondent (husband): Y.(G.J.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 July 2005
Procedural Posture
Family Law Custody and Matrimonial Property / Interim Application Hearing (interim Relief Sought)
Outcome
Interim orders granted: joint custody with mother as primary caregiver; specific access schedule and conditions; exclusive possession of matrimonial home and vehicle to mother (limited vehicle use by father on access); no interim child support ordered; sale of matrimonial home denied at this time; costs each bears own.
Legal Topics
Interim Custody, Interim Child Support, Exclusive Possession of Matrimonial Home, Order for Sale of Matrimonial Home, Access Conditions and Restrictions, Domestic Violence Emergency Protection, Costs on Interim Applications
Source Language
English
Family Law Child Custody Matrimonial Property Domestic Violence Interim Custody Interim Child Support Exclusive Possession of Matrimonial Home Order for Sale of Matrimonial Home +3 more

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Parties

Y.(J.Y.Z.)

Applicant (wife)

Y.(G.J.)

Respondent (husband)

Procedural Posture

Family Law Custody and Matrimonial Property / Interim Application Hearing (interim Relief Sought)

Legal Issues

  1. 1 Who should have primary care and custody of the child on an interim basis
  2. 2 Appropriate interim access schedule and conditions
  3. 3 Whether interim child support should be ordered

Ratio Decidendi

On the interim application the child’s welfare and status quo required primary care with the mother; joint guardianship was ordered with the mother as primary caregiver. Access to the father was ordered on specified evenings and one weekend period with mandatory conditions prohibiting being under the influence of marijuana/alcohol/non-prescription drugs, prohibiting the child being in company of persons under influence, and prohibiting derogatory statements about the mother in the child's presence. No interim child support was ordered because the father is unemployed and no income was imputed. The wife was granted exclusive possession of the matrimonial home and vehicle (subject to...

Court Disposition

Interim orders granted: joint custody with mother as primary caregiver; specific access schedule and conditions; exclusive possession of matrimonial home and vehicle to mother (limited vehicle use by father on access); no interim child support ordered; sale of matrimonial home denied at this time; costs each bears own.

Orders

  • The child is in joint custody of the wife and husband and in the primary care of the wife.
  • Father to have access Tuesdays and Thursdays 5:00 p.m. - 7:00 p.m. and Saturdays 1:00 p.m. - 6:00 p.m.