C.M. v. K.M.

C.M. v. K.M.

Supervision of the mother’s parenting time was no longer necessary and that supervision clause is terminated; however, because the only testimony came from the parents and no independent evidence or testimony from D.H. was produced, the court was not satisfied on the balance of probabilities to rescind the prohibition entirely. Accordingly the prohibition is modified to permit contact with D.H. only when the child is personally supervised by the mother or another responsible adult approved by the father (approval not to be unreasonably withheld), and the modified prohibition remains in force for four months pending review.

Citation
2011 NSFC 24
Parties
Applicant: C.M.; Respondent: K.M.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
3 October 2011
Procedural Posture
Maintenance and Custody Act Custody/access Variation / Contested Hearing and Decision on Variation
Outcome
Application granted in part and denied in part
Legal Topics
Variation of Custody/access Order, Supervised Access, Best Interests of the Child, Consent Orders, Effects of Parental Substance Abuse, Cohabitation of Parent With Partner
Source Language
English
Family Law Child Custody Access and Visitation Child Protection Variation of Custody/access Order Supervised Access Best Interests of the Child Consent Orders +2 more

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Parties

C.M.

Applicant

K.M.

Respondent

Procedural Posture

Maintenance and Custody Act Custody/access Variation / Contested Hearing and Decision on Variation

Legal Issues

  1. 1 Whether the prohibition preventing the child from being in the presence of D.H. should be rescinded or varied
  2. 2 Whether supervised access requirement for the mother should be continued or lifted
  3. 3 Whether the applicant had established on the evidence that unrestricted contact with D.H. poses no risk to the child

Ratio Decidendi

Supervision of the mother’s parenting time was no longer necessary and that supervision clause is terminated; however, because the only testimony came from the parents and no independent evidence or testimony from D.H. was produced, the court was not satisfied on the balance of probabilities to rescind the prohibition entirely. Accordingly the prohibition is modified to permit contact with D.H. only when the child is personally supervised by the mother or another responsible adult approved by the father (approval not to be unreasonably withheld), and the modified prohibition remains in force for four months pending review.

Court Disposition

Application granted in part and denied in part

Orders

  • Supervision clause requiring third-party supervision of mother’s parenting time is terminated
  • The mother must ensure the child is not left alone with D.H.