Fifield v. den Hollander

Fifield v. den Hollander

The respondent rebutted the statutory presumption because the proposed relocation would drastically reduce the father's parenting time and impose prohibitive travel costs and disruption to the child's family network; accordingly relocation was denied and the court revised the parenting schedule and ordered child support consistent with the Guidelines.

Citation
2021 NSSC 9
Parties
Applicant (mother): Tyler Dawn Fifield; Respondent (father): Kyle Michael den Hollander
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 January 2021
Procedural Posture
Family Law — Variation/relocation / Trial Decision
Outcome
Relocation to Fort McMurray denied; parenting schedule varied; child support ordered.
Legal Topics
Relocation, Best Interests of the Child, Parenting Time, Child Support, Variation of Order, Notice
Source Language
English
Family Law Child Support Mobility/relocation Relocation Best Interests of the Child Parenting Time Variation of Order Notice

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Parties

Tyler Dawn Fifield

Applicant (mother)

Kyle Michael den Hollander

Respondent (father)

Procedural Posture

Family Law — Variation/relocation / Trial Decision

Legal Issues

  1. 1 Whether the proposed relocation to Fort McMurray is in the child’s best interests
  2. 2 Whether the respondent discharged the statutory presumption in favour of relocation
  3. 3 What adjustments to parenting time are required if relocation is denied

Ratio Decidendi

The respondent rebutted the statutory presumption because the proposed relocation would drastically reduce the father's parenting time and impose prohibitive travel costs and disruption to the child's family network; accordingly relocation was denied and the court revised the parenting schedule and ordered child support consistent with the Guidelines.

Court Disposition

Relocation to Fort McMurray denied; parenting schedule varied; child support ordered.

Orders

  • Relocation denied: Lincoln shall not be moved to Fort McMurray, Alberta.
  • Effective January 15, 2021 and every second weekend thereafter, Lincoln to be with father from Friday 6:00 p.m. to Sunday 6:00 p.m.