A.W.M. v. B.V.B.

A.W.M. v. B.V.B.

On an interim basis the child's best interests required maintaining the mother as primary caregiver for stability while expanding the father's unsupervised access because the child had formed a sufficient bond with him; child maintenance is payable by the father based on his assessed income using the simplified tables and specific interim payment amounts and reporting requirements are warranted.

Citation
2014 NSSC 202
Parties
Applicant: A.W.M.; Respondent: B.V.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 June 2014
Procedural Posture
Family Law Custody and Maintenance / Interim Motion (temporary/interim Hearing)
Outcome
Interim order: mother remains primary caregiver; father granted expanded unsupervised access per detailed schedule; child maintenance ordered and quantified; conditions imposed regarding alcohol/drug use, information sharing, and child care items; reporting obligations for father's income.
Legal Topics
Parenting Time, Supervised Vs Unsupervised Access, Paternity Testing, Maintenance Calculation, Best Interests of the Child, Parental Mental Health and Substance Use, Family Violence
Source Language
English
Family Law Child Custody Child Maintenance Interim Relief Parenting Time Supervised Vs Unsupervised Access Paternity Testing Maintenance Calculation +3 more

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Parties

A.W.M.

Applicant

B.V.B.

Respondent

Procedural Posture

Family Law Custody and Maintenance / Interim Motion (temporary/interim Hearing)

Legal Issues

  1. 1 Which parent should have primary care on an interim basis
  2. 2 Whether supervised access should continue or be replaced by unsupervised access
  3. 3 Appropriate interim access schedule for the father

Ratio Decidendi

On an interim basis the child's best interests required maintaining the mother as primary caregiver for stability while expanding the father's unsupervised access because the child had formed a sufficient bond with him; child maintenance is payable by the father based on his assessed income using the simplified tables and specific interim payment amounts and reporting requirements are warranted.

Court Disposition

Interim order: mother remains primary caregiver; father granted expanded unsupervised access per detailed schedule; child maintenance ordered and quantified; conditions imposed regarding alcohol/drug use, information sharing, and child care items; reporting obligations for father's income.

Orders

  • Commencing week of June 16, 2014 father to have two weekday visits per week of three hours each (father to select consistent days/times) until return to work
  • Upon return to work week of July 21, 2014 father to have two visits weekly on Tuesday and Thursday from 5:00 p.m. to 7:00 p.m.