W.R. V. v. S.L.V.

W.R. V. v. S.L.V.

The court found a material change in circumstances based on the child’s maturation and evidence of changed circumstances since the original order; after a fresh best‑interests inquiry the court determined it is in J.V.’s best interests to grant day-to-day care, custody and control to S.L.V. subject to the condition that any future drinking by S.L.V., particularly in the presence of J.V., will justify termination of the variation; W.V. must pay child support under the Federal Child Support Guidelines (base table amount calculated at $895/month based on 2006 income of $107,285); no retroactive child support for June–November 2006; the parties’ RESP and trust arrangements are adjusted as to...

Citation
2007 NSSC 251
Parties
Petitioner/respondent: W.R.V.; Respondent/applicant: S.L.V.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 August 2007
Procedural Posture
Divorce Variation — Custody, Support and Trusts / Final Decision (variation Hearing)
Outcome
Variation granted in part: day-to-day care, custody and control of J.V. awarded to S.L.V.; child support ordered under Federal Guidelines; trust and RESP directions issued.
Legal Topics
Variation of Custody, Best Interests of the Child, Change in Circumstances, Child Support Guidelines, RESP and Trust Control, Parental Conduct
Source Language
English
Family Law Divorce Child Custody Child Support Trusts and Estates Variation of Custody Best Interests of the Child Change in Circumstances +3 more

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Parties

W.R.V.

Petitioner/respondent

S.L.V.

Respondent/applicant

Procedural Posture

Divorce Variation — Custody, Support and Trusts / Final Decision (variation Hearing)

Legal Issues

  1. 1 Day-to-day care, custody and control of J.V.
  2. 2 Child support entitlement and retroactivity
  3. 3 Control and access to trust accounts and RESP funds held for J.V.

Ratio Decidendi

The court found a material change in circumstances based on the child’s maturation and evidence of changed circumstances since the original order; after a fresh best‑interests inquiry the court determined it is in J.V.’s best interests to grant day-to-day care, custody and control to S.L.V. subject to the condition that any future drinking by S.L.V., particularly in the presence of J.V., will justify termination of the variation; W.V. must pay child support under the Federal Child Support Guidelines (base table amount calculated at $895/month based on 2006 income of $107,285); no retroactive child support for June–November 2006; the parties’ RESP and trust arrangements are adjusted as to...

Court Disposition

Variation granted in part: day-to-day care, custody and control of J.V. awarded to S.L.V.; child support ordered under Federal Guidelines; trust and RESP directions issued.

Orders

  • Day-to-day care, custody and control of J.V. is granted to S.L.V.
  • W.V. to pay child support in accordance with the Federal Child Support Guidelines; base table amount calculated at $895.00 per month based on 2006 income of $107,285.00