C.L.J. v. K.A.J.

C.L.J. v. K.A.J.

Judge found a material change in circumstances specific to M. (father's decreased ability to meet needs due to employment and reliance on grandparents, failure to pursue recommended educational/medical interventions, refusal to administer prescribed medications, communication problems) and that it materially affected M.; on a best‑interests analysis M.'s educational and emotional needs and the greater availability and engagement of the mother best supported a change of primary care for M. to the mother effective January 24, 2010; access was set to alternate weekends Thursday after school to Sunday 6 PM (with Monday extension in specified circumstances); retroactive child support was...

Citation
2010 NSSC 59
Parties
Applicant: C. L. J.; Respondent/cross Applicant: K. A. J.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 January 2010
Procedural Posture
Divorce Act Application Family Law / Hearing and Decision
Outcome
Application of C. J. to vary the Corollary Relief Judgment granted in part; application of K. J. for primary care dismissed.
Legal Topics
Custody Variation, Best Interests of the Child, Child Support Retroactivity, Child Support Calculation, Access Schedule, Administration of Medication to Children, Mortgage Release and Sale of Matrimonial Home, Disclosure of Financial Information, Costs
Source Language
English
Family Law Divorce Child Custody Child Support Property (matrimonial Home) Custody Variation Best Interests of the Child Child Support Retroactivity +6 more

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Parties

C. L. J.

Applicant

K. A. J.

Respondent/cross Applicant

Procedural Posture

Divorce Act Application Family Law / Hearing and Decision

Legal Issues

  1. 1 Whether there has been a material change in circumstances to vary custody/primary care
  2. 2 Whether M. should be moved to mother's primary care (best interests analysis)
  3. 3 Appropriate access schedule between parents

Ratio Decidendi

Judge found a material change in circumstances specific to M. (father's decreased ability to meet needs due to employment and reliance on grandparents, failure to pursue recommended educational/medical interventions, refusal to administer prescribed medications, communication problems) and that it materially affected M.; on a best‑interests analysis M.'s educational and emotional needs and the greater availability and engagement of the mother best supported a change of primary care for M. to the mother effective January 24, 2010; access was set to alternate weekends Thursday after school to Sunday 6 PM (with Monday extension in specified circumstances); retroactive child support was...

Court Disposition

Application of C. J. to vary the Corollary Relief Judgment granted in part; application of K. J. for primary care dismissed.

Orders

  • M. A. J. to reside with and be in the primary care of C. J. commencing January 24, 2010.
  • During school year K. J. shall have access every other weekend from after school on Thursday until Sunday at 6:00 PM commencing January 28, 2010, with extension to Monday 6:00 PM when there is no school on the Monday following that weekend; all holiday/vacation provisions of Corollary Relief Judgment remain subject...