A.V. v. E.V.

A.V. v. E.V.

The Father was found to have perpetrated domestic violence, to lack credibility and to pose risks to the children; joint custody was therefore not in the children's best interests. The Mother was awarded sole custody with a detailed parenting plan. The Father's 2014 income was fixed at $32,712 for support calculations; table support and a limited retroactive award were ordered; Section 7 contributions were denied based on the Father's financial capacity; and costs were awarded to the Mother to be deducted from the equalization payment.

Citation
2014 NSSC 204
Parties
Applicant: A. V.; Respondent: E. V.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 June 2014
Procedural Posture
Divorce / Decision
Outcome
Divorce granted; Mother awarded sole custody and primary care; Father denied joint custody; parenting plan adopted; child support ordered with limited retroactivity; section 7 contributions declined; costs awarded to Mother.
Legal Topics
Custody, Parenting Plan, Section 7 Expenses, Income Imputation, Retroactive Child Support, Costs, Credibility Assessment
Source Language
English
Family Law Child Custody Child Support Domestic Violence Property Division Custody Parenting Plan Section 7 Expenses +4 more

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Parties

A. V.

Applicant

E. V.

Respondent

Procedural Posture

Divorce / Decision

Legal Issues

  1. 1 Whether joint custody/shared parenting is appropriate
  2. 2 Whether Father committed domestic violence and its effect on custody
  3. 3 Appropriate parenting schedule and decision-making authority

Ratio Decidendi

The Father was found to have perpetrated domestic violence, to lack credibility and to pose risks to the children; joint custody was therefore not in the children's best interests. The Mother was awarded sole custody with a detailed parenting plan. The Father's 2014 income was fixed at $32,712 for support calculations; table support and a limited retroactive award were ordered; Section 7 contributions were denied based on the Father's financial capacity; and costs were awarded to the Mother to be deducted from the equalization payment.

Court Disposition

Divorce granted; Mother awarded sole custody and primary care; Father denied joint custody; parenting plan adopted; child support ordered with limited retroactivity; section 7 contributions declined; costs awarded to Mother.

Orders

  • Divorce granted on April 29, 2014.
  • Mother awarded sole custody and primary care; Mother has authority for significant or long-lasting decisions (Schedule A).