A.M. v. N.B.

A.M. v. N.B.

Return interim custody to the mother to restore the pre‑existing status quo because she was the primary caregiver, the father unilaterally removed the child and displayed repeated poor judgment, drug involvement and anger/control issues that risk the child's safety, and the mother accepted remedial conditions making her custody the arrangement most protective of the child pending final determination.

Citation
2005 NSSC 352
Parties
Applicant (mother): A. M.; Respondent (father): N. B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 December 2005
Procedural Posture
Family Law Custody/parenting (interim) / Interim Custody Hearing (inter Partes)
Outcome
Interim custody granted to Applicant (mother) with conditions; respondent granted specified access subject to conditions; costs awarded to Applicant.
Legal Topics
Interim Custody, Status Quo, Supervised Access, Best Interests of the Child, Parenting Orders, Drug Addiction and Parenting, Anger Management, Communication Facilitation
Source Language
English
Family Law Child Custody Child Protection Criminal Proceedings Interim Custody Status Quo Supervised Access Best Interests of the Child +4 more

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Parties

A. M.

Applicant (mother)

N. B.

Respondent (father)

Procedural Posture

Family Law Custody/parenting (interim) / Interim Custody Hearing (inter Partes)

Legal Issues

  1. 1 Whether interim custody should be awarded to mother or father
  2. 2 Whether the father unilaterally changed the status quo and justification for that change
  3. 3 Whether supervised or restricted access is required given substance abuse and control issues

Ratio Decidendi

Return interim custody to the mother to restore the pre‑existing status quo because she was the primary caregiver, the father unilaterally removed the child and displayed repeated poor judgment, drug involvement and anger/control issues that risk the child's safety, and the mother accepted remedial conditions making her custody the arrangement most protective of the child pending final determination.

Court Disposition

Interim custody granted to Applicant (mother) with conditions; respondent granted specified access subject to conditions; costs awarded to Applicant.

Orders

  • Applicant A. M. granted sole interim custody of R. M. subject to conditions: reside with or alongside parents until further order; continue mental health treatment; commence drug addiction counselling; obtain anger management counselling; abstain from illicit drugs and excessive alcohol and ensure child environments...
  • Respondent N. B. granted access every second weekend Friday noon to Monday 4:00 pm subject to conditions: reside with or alongside parents when child in his care; obtain counselling for anger management and control; commence drug addiction counselling; abstain from illicit drugs and excessive alcohol and ensure...