Lockhart v. Lockhart

Lockhart v. Lockhart

Court found a material change in circumstances (mother's financial crisis and likely need to vacate matrimonial home) and, applying the Gordon v. Goertz balancing of benefits and detriments, concluded relocation to Oxford was in the children's best interests; mother remains the primary caregiver, relocation permitted, father ordered to pay child support based on a $51,000 income effective September 1 and to pursue and advise any pay increase, spousal support deferred, husband granted exclusive possession of the matrimonial home subject to maintaining obligations, and ancillary administrative orders made.

Citation
2008 NSSC 271
Parties
Petitioner: Eloise Gerene Lockhart; Respondent: Anthony William Lockhart
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 September 2008
Procedural Posture
Divorce Act Parenting/relocation/interim Applications / Interim Hearing and Decision (custody, Relocation, Support, Property)
Outcome
Relocation by the mother to her parents' home in Oxford permitted; mother to remain primary caregiver; child support ordered; spousal support not ordered at this time (reserved); exclusive possession of matrimonial home granted to father with obligations; ancillary interim orders made; costs reserved.
Legal Topics
Custody, Relocation, Best Interests of the Child, Gordon V. Goertz Framework, Parenting Assessment, Access Arrangements, Child Support, Exclusive Possession
Source Language
English
Family Law Child Custody Relocation/mobility Spousal Support Property (matrimonial Home) Child Support Evidence/procedural Law Custody +6 more

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Parties

Eloise Gerene Lockhart

Petitioner

Anthony William Lockhart

Respondent

Procedural Posture

Divorce Act Parenting/relocation/interim Applications / Interim Hearing and Decision (custody, Relocation, Support, Property)

Legal Issues

  1. 1 Whether there was a material change in circumstances to trigger variation of parenting orders
  2. 2 Whether the proposed relocation of the children with the mother to Oxford should be permitted
  3. 3 Whether primary care should be transferred from mother to father

Ratio Decidendi

Court found a material change in circumstances (mother's financial crisis and likely need to vacate matrimonial home) and, applying the Gordon v. Goertz balancing of benefits and detriments, concluded relocation to Oxford was in the children's best interests; mother remains the primary caregiver, relocation permitted, father ordered to pay child support based on a $51,000 income effective September 1 and to pursue and advise any pay increase, spousal support deferred, husband granted exclusive possession of the matrimonial home subject to maintaining obligations, and ancillary administrative orders made.

Court Disposition

Relocation by the mother to her parents' home in Oxford permitted; mother to remain primary caregiver; child support ordered; spousal support not ordered at this time (reserved); exclusive possession of matrimonial home granted to father with obligations; ancillary interim orders made; costs reserved.

Orders

  • Relocation permitted: mother may relocate to her parents' home in Oxford with the three children
  • Custody: mother remains primary caregiver; current parenting arrangement continues (mother physical care approximately 60%)