JR v. IR

JR v. IR

Although the mother is more child-focused and will be at home, the Court concluded primary care should be awarded to the father because the move to the mother's community (school start) constituted a sufficient change to trigger inquiry but the mother’s pattern of making repeated unsubstantiated allegations and conduct indicated a credible risk she would not facilitate the father’s relationship; the father demonstrated willingness and ability to facilitate contact, the child is bonded to the father and integrated in his community, and the balance of Gordon v. Goertz factors and the Divorce Act’s contact principle favor awarding primary care to the father with structured access and...

Citation
2015 NSSC 282
Parties
Petitioner (mother): JR; Respondent (father): IR
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 October 2015
Procedural Posture
Custody Variation / Relocation Under Divorce Act / Trial Decision (final Determination on Custody and Primary Care)
Outcome
Court varied the interim shared parenting arrangement and awarded primary care to the Respondent (father) while providing expanded access and communication rights to the Applicant (mother).
Legal Topics
Primary Care Determination, Best Interests of the Child, Variation of Custody, Shared Parenting, Parental Willingness to Facilitate Contact, Credibility Findings
Source Language
English
Family Law Child Custody Relocation Child Protection Primary Care Determination Best Interests of the Child Variation of Custody Shared Parenting +2 more

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Parties

JR

Petitioner (mother)

IR

Respondent (father)

Procedural Posture

Custody Variation / Relocation Under Divorce Act / Trial Decision (final Determination on Custody and Primary Care)

Legal Issues

  1. 1 Whether there has been a material change warranting variation of the Interim Order and relocation for school
  2. 2 Which parent should have primary care while the child attends school
  3. 3 Whether the moving parent will facilitate continued contact with the other parent

Ratio Decidendi

Although the mother is more child-focused and will be at home, the Court concluded primary care should be awarded to the father because the move to the mother's community (school start) constituted a sufficient change to trigger inquiry but the mother’s pattern of making repeated unsubstantiated allegations and conduct indicated a credible risk she would not facilitate the father’s relationship; the father demonstrated willingness and ability to facilitate contact, the child is bonded to the father and integrated in his community, and the balance of Gordon v. Goertz factors and the Divorce Act’s contact principle favor awarding primary care to the father with structured access and...

Court Disposition

Court varied the interim shared parenting arrangement and awarded primary care to the Respondent (father) while providing expanded access and communication rights to the Applicant (mother).

Orders

  • Primary care of AR awarded to Respondent IR and AR to attend school in the Respondent's community
  • Applicant JR to have reasonable after-school weekday access if sought and scheduled access to be available by telephone and internet (e.g. Skype) with privacy for child-parent communication