D.L. v. L.C.

D.L. v. L.C.

The court found the father was substantially involved and the parents had a substantially shared parenting arrangement so the presumption against relocation under s.18H(1)(b) applied; the mother failed to prove on a balance of probabilities that relocation to Alberta was in the child's best interests (insufficient plan, risk of significant harm to paternal relationship and community ties), therefore relocation was denied; the child shall remain in Nova Scotia in a joint custody shared parenting arrangement on a week-about schedule with specified holiday and summer provisions; child support determined by set-off with specified monthly amounts.

Citation
2018 NSFC 24
Parties
Applicant (father): D.L.; Respondent (mother): L.C.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
19 December 2018
Procedural Posture
Parenting and Support Act – Relocation and Custody / Final Decision (oral Decision)
Outcome
Application to relocate child to Alberta dismissed; joint custody in shared parenting arrangement ordered; detailed parenting schedule and communications orders; child support ordered by set-off effective February 1, 2019
Legal Topics
Relocation, Shared Parenting, Best Interests of the Child, Parenting Time, Child Support Calculation
Source Language
English
Family Law Child Custody Child Support Relocation Law Relocation Shared Parenting Best Interests of the Child Parenting Time +1 more

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Parties

D.L.

Applicant (father)

L.C.

Respondent (mother)

Procedural Posture

Parenting and Support Act – Relocation and Custody / Final Decision (oral Decision)

Legal Issues

  1. 1 Whether mother may relocate the child to Alberta
  2. 2 Whether parents had a substantially shared parenting arrangement
  3. 3 What parenting arrangement is in the child's best interests

Ratio Decidendi

The court found the father was substantially involved and the parents had a substantially shared parenting arrangement so the presumption against relocation under s.18H(1)(b) applied; the mother failed to prove on a balance of probabilities that relocation to Alberta was in the child's best interests (insufficient plan, risk of significant harm to paternal relationship and community ties), therefore relocation was denied; the child shall remain in Nova Scotia in a joint custody shared parenting arrangement on a week-about schedule with specified holiday and summer provisions; child support determined by set-off with specified monthly amounts.

Court Disposition

Application to relocate child to Alberta dismissed; joint custody in shared parenting arrangement ordered; detailed parenting schedule and communications orders; child support ordered by set-off effective February 1, 2019

Orders

  • Application for relocation dismissed; child shall not be authorized to relocate to Alberta with the mother.
  • The parents shall have joint custody of D. in a shared parenting arrangement.