A.J. v. K.M

A.J. v. K.M

The relocation application is denied because the detriment to the child's meaningful relationship with the father and paternal grandparents outweighs the advantages of relocation; joint custody is ordered with K.M. primary caregiver, detailed access schedule to protect significant relationships, child support fixed at $433/month based on A.J.'s current annual income of $51,613.56 commencing August 1, 2017, spousal support fixed at $1,050/month on an indefinite basis commencing August 1, 2017; income imputation to A.J. is refused at this time because his employment choices were reasonable given the circumstances and there has been insufficient opportunity post-decision to assess his...

Citation
2017 NSFC 19
Parties
Applicant: A.J.; Respondent: K.M.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
10 July 2017
Procedural Posture
Family Law Custody and Support / Final Judgment
Outcome
Application to relocate denied; joint custody ordered with K.M. as primary caregiver; detailed access schedule and financial orders made
Legal Topics
Custody, Parenting Time, Relocation, Child Maintenance, Spousal Maintenance, Credibility, Imputation of Income, Retroactive Support, Family Violence, Use of Our Family Wizard
Source Language
English
Family Law Child Custody Spousal Support Child Support Mobility/relocation Domestic Violence Custody Parenting Time +8 more

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Parties

A.J.

Applicant

K.M.

Respondent

Procedural Posture

Family Law Custody and Support / Final Judgment

Legal Issues

  1. 1 Should the mother be permitted to permanently relocate the child to Ontario?
  2. 2 If relocation is permitted what access arrangement should the father have?
  3. 3 If relocation is not permitted what parenting arrangement (shared or primary care) is in the child's best interests?

Ratio Decidendi

The relocation application is denied because the detriment to the child's meaningful relationship with the father and paternal grandparents outweighs the advantages of relocation; joint custody is ordered with K.M. primary caregiver, detailed access schedule to protect significant relationships, child support fixed at $433/month based on A.J.'s current annual income of $51,613.56 commencing August 1, 2017, spousal support fixed at $1,050/month on an indefinite basis commencing August 1, 2017; income imputation to A.J. is refused at this time because his employment choices were reasonable given the circumstances and there has been insufficient opportunity post-decision to assess his...

Court Disposition

Application to relocate denied; joint custody ordered with K.M. as primary caregiver; detailed access schedule and financial orders made

Orders

  • Joint custody of the child ordered
  • K.M. to have primary care of the child