C.M. v. R.I.

C.M. v. R.I.

Grant sole custody to the mother because the child's best interests require continuity of the primary caregiver, protection from a documented pattern of the father's abusive and intimidating behaviour, preservation of the child's stable relationship with siblings, and because the parents cannot cooperatively parent;...

Source-derived case information.

Citation
2013 NSFC 29
Parties
Applicant: C.M.; Respondent: R.L.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
22 November 2013
Procedural Posture
Maintenance and Custody Act Custody and Maintenance Review / Trial Final Decision
Outcome
Applicant granted sole custody; respondent granted supervised and restricted access under detailed conditions; relocation to Ontario by applicant approved; child support reduced prospectively and limited arrears vacated.
Legal Topics
Custody, Access (supervised Access), Mobility/relocation, Family Violence, Maintenance Variation, Protection Proceeding
Source Language
english
Family Law Child Protection Mobility/relocation Child Support Custody Access (supervised Access) Family Violence Maintenance Variation +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

C.M.

Applicant

R.L.

Respondent

Procedural Posture

Maintenance and Custody Act Custody and Maintenance Review / Trial Final Decision

Legal Issues

  1. 1 Which custody arrangement serves the child's best interests
  2. 2 Whether the custodial parent may relocate to Ontario (mobility)
  3. 3 Whether respondent's access must be supervised and under what terms

Ratio Decidendi

Grant sole custody to the mother because the child's best interests require continuity of the primary caregiver, protection from a documented pattern of the father's abusive and intimidating behaviour, preservation of the child's stable relationship with siblings, and because the parents cannot cooperatively parent; restrict father's contact to supervised, specified access and vary child support prospectively to reflect the father's reduced 2013 income while vacating limited arrears.

Court Disposition

Applicant granted sole custody; respondent granted supervised and restricted access under detailed conditions; relocation to Ontario by applicant approved; child support reduced prospectively and limited arrears vacated.

Orders

  • Sole legal and physical custody of R.M.L. to C.M.
  • Respondent R.L.'s access subject to supervision; paternal grandmother E.L. designated as supervisor