S.M. v. M.S.

S.M. v. M.S.

Although Nova Scotia could assume jurisdiction because the child had a real and substantial connection to the province through extended residence with and ongoing ties to the paternal grandparents and father, the court declined to exercise that jurisdiction and deferred to Alberta as the more appropriate forum...

Source-derived case information.

Citation
2017 NSFC 28
Parties
Applicant Paternal Grandfather: S.M.; Applicant Paternal Grandmother: T.M.; Applicant Father: H.M.; Respondent Mother: M.S.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
27 November 2017
Procedural Posture
Family Custody/parenting Jurisdiction / Jurisdiction Motion / Decision on Assumption of Jurisdiction
Outcome
Court declined to assume jurisdiction and deferred to Alberta; interim Nova Scotia orders vacated; child to be returned to mother in Alberta pursuant to prior order
Legal Topics
Best Interests of the Child, Forum Non Conveniens, Interprovincial Jurisdiction, Relocation, Custody, Access
Source Language
english
Family Law Jurisdiction Child Welfare Best Interests of the Child Forum Non Conveniens Interprovincial Jurisdiction Relocation Custody +1 more

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Parties

S.M.

Applicant Paternal Grandfather

T.M.

Applicant Paternal Grandmother

H.M.

Applicant Father

M.S.

Respondent Mother

Procedural Posture

Family Custody/parenting Jurisdiction / Jurisdiction Motion / Decision on Assumption of Jurisdiction

Legal Issues

  1. 1 Whether Nova Scotia court could assume jurisdiction over custody/parenting issues concerning child M.
  2. 2 Whether Nova Scotia court should assume jurisdiction or defer to Alberta (forum non conveniens)
  3. 3 Validity and effect of interim ex parte order granting care to paternal grandparents

Ratio Decidendi

Although Nova Scotia could assume jurisdiction because the child had a real and substantial connection to the province through extended residence with and ongoing ties to the paternal grandparents and father, the court declined to exercise that jurisdiction and deferred to Alberta as the more appropriate forum because the child’s domicile, the bulk of relevant evidence (including maternal mental health records and potential agency involvement), and efficiency favored Alberta; therefore interim Nova Scotia orders were vacated and the prior December 1, 2016 order returning the child to the mother’s care in Alberta stands.

Court Disposition

Court declined to assume jurisdiction and deferred to Alberta; interim Nova Scotia orders vacated; child to be returned to mother in Alberta pursuant to prior order

Orders

  • Interim ex parte order of August 14, 2017 vacated
  • Interim order of October 11, 2017 vacated