Baggs v. Baggs

Baggs v. Baggs

Joint custody ordered because both parents are capable and willing to act in the children’s best interests and neither is disqualified; mother designated primary caregiver during the school week because she demonstrated greater daily involvement in the children’s education and activities; mother’s relocation to East...

Source-derived case information.

Citation
2012 NSSC 213
Parties
Applicant: Albert Baggs; Respondent: Shellon Baggs
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 May 2012
Procedural Posture
Family Law Custody/parenting (divorce Act) / Final Hearing (divorce Act)
Outcome
Judgment: Joint custody awarded; mother granted primary care during the school week; detailed parenting/time-sharing schedule ordered.
Legal Topics
Parenting Arrangements, Joint Custody, Primary Residence, Best Interests of the Child, Relocation, Interim Order, Home Study, Decision Making Authority, Access/exchange
Source Language
english
Family Law Child Custody Divorce Parenting Arrangements Joint Custody Primary Residence Best Interests of the Child Relocation +4 more

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Parties

Albert Baggs

Applicant

Shellon Baggs

Respondent

Procedural Posture

Family Law Custody/parenting (divorce Act) / Final Hearing (divorce Act)

Legal Issues

  1. 1 What parenting arrangement serves the best interests of the three children
  2. 2 Whether joint custody is appropriate
  3. 3 Which parent should be primary caregiver during the school week

Ratio Decidendi

Joint custody ordered because both parents are capable and willing to act in the children’s best interests and neither is disqualified; mother designated primary caregiver during the school week because she demonstrated greater daily involvement in the children’s education and activities; mother’s relocation to East Bay did not preclude substantial contact and therefore did not defeat her claim to primary care; specific parenting schedule imposed to serve the children’s best interests.

Court Disposition

Judgment: Joint custody awarded; mother granted primary care during the school week; detailed parenting/time-sharing schedule ordered.

Orders

  • Joint custody of the three children granted to the parties with both parents to participate in major decisions affecting the children and consult with each other.
  • Children to reside with the mother during the school week and attend school in the mother’s school district (East Bay).