CM v. CS

CM v. CS

Material change since the 1998 order was proven; on the balance of probabilities the father provides superior stability, safety, routine and educational support while the mother continues to have drug use, lacks insight and has a history of chaotic parenting and truancy affecting the children. High conflict and poor...

Source-derived case information.

Citation
2013 NSSC 273
Parties
Applicant: CM; Respondent: CS
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 June 2013
Procedural Posture
Family Law Custody and Access / Trial Judgment (decision on Custody, Access and Maintenance)
Outcome
Sole custody of both children vested in CM; supervised access to CS granted for an interim period with conditions and review; no child support payable based on current incomes; court retained jurisdiction to determine supervision particulars.
Legal Topics
Custody, Access (supervised), Best Interests of the Child, Variation of Prior Order, Parental Fitness, Child Support
Source Language
english
Family Law Child Protection Maintenance Law Custody Access (supervised) Best Interests of the Child Variation of Prior Order Parental Fitness +1 more

Source-derived case record

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Parties

CM

Applicant

CS

Respondent

Procedural Posture

Family Law Custody and Access / Trial Judgment (decision on Custody, Access and Maintenance)

Legal Issues

  1. 1 What is the impact of the 1998 custody order and can it be varied
  2. 2 What principles govern the parenting determination
  3. 3 Which parenting arrangement serves the children's best interests

Ratio Decidendi

Material change since the 1998 order was proven; on the balance of probabilities the father provides superior stability, safety, routine and educational support while the mother continues to have drug use, lacks insight and has a history of chaotic parenting and truancy affecting the children. High conflict and poor communication make joint or parallel custody inappropriate. Therefore sole custody to the father and restricted supervised access to the mother for a defined review period best serve the children's interests.

Court Disposition

Sole custody of both children vested in CM; supervised access to CS granted for an interim period with conditions and review; no child support payable based on current incomes; court retained jurisdiction to determine supervision particulars.

Orders

  • Sole custody of D and Ch vested in CM.
  • Supervised access for CS granted for eight months, subject to review after eight months.