R.N. v. M.N.

R.N. v. M.N.

On the interim record the expert and supervisory reports did not show sufficient evidence of a significant sexual-abuse risk to justify continuing professional supervision; clandestine removal without notice was reprehensible but ordering return was impractical and likely harmful given delay and status quo; accordingly professional supervision is terminated and interim unsupervised block access is permitted subject to the condition that for the first six months the father's partner D be generally present during access, with further logistical details and costs to be submitted by counsel within specified timelines.

Citation
2002 NSSF 51
Parties
Petitioner (custodial Parent): R.B.N.; Respondent (non Custodial Parent): M.J.N.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 October 2002
Procedural Posture
Family Law Custody and Mobility (corollary Relief) / Interim Emergency Oral Hearing / Variation of Corollary Relief Judgment
Outcome
Interim variation of corollary relief: professional supervision discontinued; unsupervised block access permitted with specified condition; no order compelling return to Nova Scotia; parties to file proposals and the court to fix final block access details and address costs.
Legal Topics
Supervised Access, Removal Without Notice, Jurisdiction to Restrain Removal, Allegations of Sexual Abuse, Block Access Scheduling, Costs
Source Language
English
Family Law Child Custody Mobility/relocation Child Protection Interim Orders Supervised Access Removal Without Notice Jurisdiction to Restrain Removal +3 more

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Parties

R.B.N.

Petitioner (custodial Parent)

M.J.N.

Respondent (non Custodial Parent)

Procedural Posture

Family Law Custody and Mobility (corollary Relief) / Interim Emergency Oral Hearing / Variation of Corollary Relief Judgment

Legal Issues

  1. 1 Whether custodial parent could relocate children out of province without notifying non-custodial parent or obtaining court permission
  2. 2 Whether professional supervision of the father during access remained necessary given conflicting expert reports
  3. 3 Whether court should order return of children or allow relocation as interim relief

Ratio Decidendi

On the interim record the expert and supervisory reports did not show sufficient evidence of a significant sexual-abuse risk to justify continuing professional supervision; clandestine removal without notice was reprehensible but ordering return was impractical and likely harmful given delay and status quo; accordingly professional supervision is terminated and interim unsupervised block access is permitted subject to the condition that for the first six months the father's partner D be generally present during access, with further logistical details and costs to be submitted by counsel within specified timelines.

Court Disposition

Interim variation of corollary relief: professional supervision discontinued; unsupervised block access permitted with specified condition; no order compelling return to Nova Scotia; parties to file proposals and the court to fix final block access details and address costs.

Orders

  • Terminate professional supervision of the father's access effective on interim basis
  • Permit unsupervised block access to father; condition: for the first six months the father's partner D must generally be in attendance during access (she is not a supervisor)