DS v. AS

DS v. AS

Given entrenched mistrust, poor communication, history of DS as primary caregiver and concerns about AS's judgment and substance use, joint decision-making and equal/shared time would not be in the children's best interests; therefore DS is appointed sole decision-maker and primary residential parent. Income was...

Source-derived case information.

Citation
2025 NSSC 116
Parties
Petitioner: DMS; Respondent: ATS
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 March 2025
Procedural Posture
Divorce and Parenting (parenting and Support Act) / Final Decision and Corollary Relief Order Following Hearing and Interim Orders
Outcome
Divorce granted; corollary relief ordered: DS sole decision-maker; DS primary residential parent; specified parenting time for AS; imputation of benefits to AS's income; retroactive and prospective child support and section 7 contributions ordered; costs reserved such that each party bears their own costs.
Legal Topics
Decision Making Responsibility, Parenting Time and Schedule, Imputation of Income, Section 7 Expenses, Retroactive Child Support, Credibility Assessment
Source Language
english
Family Law Divorce Child Support Custody and Access Estates (estate Related Income Issues) Decision Making Responsibility Parenting Time and Schedule Imputation of Income +3 more

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Parties

DMS

Petitioner

ATS

Respondent

Procedural Posture

Divorce and Parenting (parenting and Support Act) / Final Decision and Corollary Relief Order Following Hearing and Interim Orders

Legal Issues

  1. 1 Credibility of parties
  2. 2 Whether decision-making should be joint or sole
  3. 3 Allocation of parenting time (shared v primary care)

Ratio Decidendi

Given entrenched mistrust, poor communication, history of DS as primary caregiver and concerns about AS's judgment and substance use, joint decision-making and equal/shared time would not be in the children's best interests; therefore DS is appointed sole decision-maker and primary residential parent. Income was imputed to AS for non-taxable employee benefits ($12,805) but not for alleged underemployment or uncertain corporate revenues; child support was calculated retroactively and prospectively based on the imputed incomes, and AS ordered to pay 50% of section 7 childcare and medical plan costs.

Court Disposition

Divorce granted; corollary relief ordered: DS sole decision-maker; DS primary residential parent; specified parenting time for AS; imputation of benefits to AS's income; retroactive and prospective child support and section 7 contributions ordered; costs reserved such that each party bears their own costs.

Orders

  • Divorce granted
  • DS granted sole decision-making responsibility for the children; DS may select professionals and determine need for services; AS may not attend medical appointments without DS's consent except in emergency