Power v. Power

Power v. Power

On the evidence, focusing solely on J's best interests, the court found that Mr. Power's pattern of coercive and undermining conduct had harmed J's relationship with his mother and that Ms. Power proved that relocation to Colby Village and a change to primary care with the mother having final decision-making over sporting activities were in J's best interests; accordingly relocation was permitted effective immediately and the parenting schedule was modified with an initial reduced-contact transition period for the father.

Citation
2026 NSSC 70
Parties
Petitioner (mother): Mary Eleanor Power; Respondent (father): Jerry Kenneth Power
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 March 2026
Procedural Posture
Divorce (relocation and Parenting) / Interim
Outcome
Relocation to Colby Village permitted; child awarded to mother's primary care; mother granted final decision-making authority over sporting and athletic activities; parenting schedule and transitional contact modified; relocation effective immediately.
Legal Topics
Parenting, Custody, Relocation, Shared Parenting, Decision Making Authority, Best Interests of the Child, Coercive and Controlling Behaviour
Source Language
English
Family Law Child Custody Relocation/mobility Family Violence Divorce Proceedings Parenting Custody Relocation +4 more

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Parties

Mary Eleanor Power

Petitioner (mother)

Jerry Kenneth Power

Respondent (father)

Procedural Posture

Divorce (relocation and Parenting) / Interim

Legal Issues

  1. 1 Whether the interim stage bars or limits relocation relief
  2. 2 Applicable legal framework for relocation under the Divorce Act
  3. 3 Whether a change to primary care and final decision-making is in the child's best interests

Ratio Decidendi

On the evidence, focusing solely on J's best interests, the court found that Mr. Power's pattern of coercive and undermining conduct had harmed J's relationship with his mother and that Ms. Power proved that relocation to Colby Village and a change to primary care with the mother having final decision-making over sporting activities were in J's best interests; accordingly relocation was permitted effective immediately and the parenting schedule was modified with an initial reduced-contact transition period for the father.

Court Disposition

Relocation to Colby Village permitted; child awarded to mother's primary care; mother granted final decision-making authority over sporting and athletic activities; parenting schedule and transitional contact modified; relocation effective immediately.

Orders

  • Ms. Power is authorized to relocate J to 25 Hollyoake Lane, Colby Village; this authorization is effective immediately
  • Ms. Power shall have primary care of J