N.R.G. v. S.R.G.

N.R.G. v. S.R.G.

The court found two qualifying changes in circumstances (breakdown in communication/interpretation of the order and the unenforceability of the special expenses clause by Maintenance Enforcement) and therefore varied the June 17, 2009 order to clarify access times, telephone access and to restructure payment and enforcement of special expenses; the proposed seven day on/one day off regime was rejected as contrary to the children’s best interests because it would reduce the mother's time with the children.

Citation
2011 NSFC 4
Parties
Applicant Respondent: N. R. G.; Respondent Applicant: S. R. G.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
8 February 2011
Procedural Posture
Family Court Variation of Custody and Support Order / Decision on Variation Application
Outcome
Application to vary granted in part; order varied to clarify parenting schedule, telephone access and special expenses payment and enforcement.
Legal Topics
Variation of Order, Shared Parenting, Section 7 Special Expenses, Access Schedule, Enforcement
Source Language
English
Family Law Child Custody Child Support Maintenance Enforcement Variation of Order Shared Parenting Section 7 Special Expenses Access Schedule +1 more

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Parties

N. R. G.

Applicant Respondent

S. R. G.

Respondent Applicant

Procedural Posture

Family Court Variation of Custody and Support Order / Decision on Variation Application

Legal Issues

  1. 1 Whether there has been a change in circumstances warranting variation of the June 17, 2009 order
  2. 2 What parenting schedule is in the best interests of the children
  3. 3 Whether and how Section 7 special expenses should be paid and enforced

Ratio Decidendi

The court found two qualifying changes in circumstances (breakdown in communication/interpretation of the order and the unenforceability of the special expenses clause by Maintenance Enforcement) and therefore varied the June 17, 2009 order to clarify access times, telephone access and to restructure payment and enforcement of special expenses; the proposed seven day on/one day off regime was rejected as contrary to the children’s best interests because it would reduce the mother's time with the children.

Court Disposition

Application to vary granted in part; order varied to clarify parenting schedule, telephone access and special expenses payment and enforcement.

Orders

  • Clause (a) of paragraph 1 is to remain the same and shall continue to rotate with respect to S. R. G.'s work schedule; a seven day on/seven day off schedule is rejected.
  • S. R. G. shall provide her work schedule as soon as available; pick up and drop off times shall be 10:00 a.m. on Sunday.