BM v. AC

BM v. AC

On the interim motion the court awarded primary care to AC (mother) and continued supervised access for BM (father) because recordings and other evidence demonstrated abusive verbal conduct in the child's presence, the status quo favored AC, and supervised access plus a Parental Capacity Assessment and one-on-one...

Source-derived case information.

Citation
2019 NSSC 102
Parties
Applicant: BM; Respondent: AC
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 March 2019
Procedural Posture
Maintenance and Custody Act Interim Custody and Access Motion / Interim Hearing
Outcome
Interim custody maintained with AC as primary caregiver; BM granted supervised access only; Parental Capacity Assessment and one-on-one anger management for BM ordered; ancillary restrictions imposed to protect the child.
Legal Topics
Interim Custody, Supervised Access, Best Interests of the Child, Family Violence, Parental Capacity Assessment, Anger Management, Status Quo
Source Language
english
Family Law Interim Custody Supervised Access Best Interests of the Child Family Violence Parental Capacity Assessment Anger Management Status Quo

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Parties

BM

Applicant

AC

Respondent

Procedural Posture

Maintenance and Custody Act Interim Custody and Access Motion / Interim Hearing

Legal Issues

  1. 1 Whether interim custody should be granted to AC (mother)
  2. 2 Whether BM (father) should have supervised or unsupervised access
  3. 3 Whether a Parental Capacity Assessment should be ordered

Ratio Decidendi

On the interim motion the court awarded primary care to AC (mother) and continued supervised access for BM (father) because recordings and other evidence demonstrated abusive verbal conduct in the child's presence, the status quo favored AC, and supervised access plus a Parental Capacity Assessment and one-on-one anger management for BM best served LMN's interests pending further assessment.

Court Disposition

Interim custody maintained with AC as primary caregiver; BM granted supervised access only; Parental Capacity Assessment and one-on-one anger management for BM ordered; ancillary restrictions imposed to protect the child.

Orders

  • Supervised access for BM to continue pending completion of a Parental Capacity Assessment and completion of one-on-one anger management counselling by BM
  • BM must complete one-on-one anger management with a qualified therapist and provide the recordings to that therapist