D.P v. G.G.M.

D.P v. G.G.M.

The court admitted the challenged transcripts as an exceptional circumstance where probative value outweighed policy concerns; maintained joint custody with mother as primary day‑to‑day caregiver; ordered specified unsupervised parenting time for the father (every second weekend and additional provisions),...

Source-derived case information.

Citation
2017 NSFC 34
Parties
Applicant (mother): D.P.; Respondent (father): G.G.M.; Third Party (father's Partner): T.M.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
21 November 2017
Procedural Posture
Family Law Parenting and Support / Final Hearing and Decision (parenting/custody)
Outcome
Joint custody granted; mother primary day‑to‑day caregiver; father's parenting time defined and unsupervised with specified schedule and special provisions; T.M. prohibited from any contact with the children pending counselling; father ordered to undertake parenting counselling; child support fixed at $1,571 per...
Legal Topics
Best Interests of the Child, Parenting Time, Supervision of Access, Third Party Contact Restrictions, Admissibility of Hearsay, Admissibility of Surreptitious Recordings, Voice of the Child, Credibility Assessment
Source Language
english
Family Law Child Custody and Access Child Support Evidence Law Best Interests of the Child Parenting Time Supervision of Access Third Party Contact Restrictions +4 more

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Parties

D.P.

Applicant (mother)

G.G.M.

Respondent (father)

T.M.

Third Party (father's Partner)

Procedural Posture

Family Law Parenting and Support / Final Hearing and Decision (parenting/custody)

Legal Issues

  1. 1 What custody arrangement is appropriate?
  2. 2 Should the father's parenting time be supervised?
  3. 3 Should T.M. have any contact with the children and, if so, under what conditions?

Ratio Decidendi

The court admitted the challenged transcripts as an exceptional circumstance where probative value outweighed policy concerns; maintained joint custody with mother as primary day‑to‑day caregiver; ordered specified unsupervised parenting time for the father (every second weekend and additional provisions), prohibited any contact between T.M. and the children pending her completion of counselling/education, ordered the father to undergo parenting counselling/education, set child support at $1,571/month and scheduled a review of parenting/contact in four months.

Court Disposition

Joint custody granted; mother primary day‑to‑day caregiver; father's parenting time defined and unsupervised with specified schedule and special provisions; T.M. prohibited from any contact with the children pending counselling; father ordered to undertake parenting counselling; child support fixed at $1,571 per...

Orders

  • Parents shall have joint custody; equal access to third‑party information; mother primary day‑to‑day care; mother final decision‑maker on major issues if parents cannot agree
  • Father awarded unsupervised parenting time every second weekend from Friday after school until Sunday 3 PM when in province, reasonable electronic contact when away, exchanges at agreed location; additional holiday and vacation provisions as set out