MacNutt v. Burrows

MacNutt v. Burrows

Because the parents display a high degree of mistrust and inability to communicate and expert evidence established risk to the child from parental conflict, the court awarded sole care, custody and control to the mother as being in the child's best interests and ordered a gradual, therapist‑guided reintroduction of the father with strict communication and travel restrictions; ancillary orders addressed passport custody, interim child support and reservation of Matrimonial Property Act/spousal support issues.

Citation
2003 NSSF 21
Parties
Petitioner: Laura Dawn MacNutt; Respondent: Colin Stephen Burrows
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 June 2003
Procedural Posture
Divorce (family Division) / Final Judgment and Ancillary Orders (custody, Access, Support)
Outcome
Divorce granted; mother awarded sole care, custody and control; detailed therapist‑guided access schedule and restrictions on removal and passport custody; child support ordered; Matrimonial Property Act and spousal support issues reserved.
Legal Topics
Custody, Access/supervised Reintroduction, Non Removal/leave to Travel, Child Surname, Passport Custody, Child Support Payments, Matrimonial Property Act Claims, Therapeutic Recommendations
Source Language
English
Family Law Divorce Child Custody and Access Child Support Spousal Support Matrimonial Property Relocation/passport Custody +7 more

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Parties

Laura Dawn MacNutt

Petitioner

Colin Stephen Burrows

Respondent

Procedural Posture

Divorce (family Division) / Final Judgment and Ancillary Orders (custody, Access, Support)

Legal Issues

  1. 1 Which parent should have custody?
  2. 2 Appropriate access regime and supervision for reintroduction
  3. 3 Whether child may be removed from Nova Scotia and conditions for leave

Ratio Decidendi

Because the parents display a high degree of mistrust and inability to communicate and expert evidence established risk to the child from parental conflict, the court awarded sole care, custody and control to the mother as being in the child's best interests and ordered a gradual, therapist‑guided reintroduction of the father with strict communication and travel restrictions; ancillary orders addressed passport custody, interim child support and reservation of Matrimonial Property Act/spousal support issues.

Court Disposition

Divorce granted; mother awarded sole care, custody and control; detailed therapist‑guided access schedule and restrictions on removal and passport custody; child support ordered; Matrimonial Property Act and spousal support issues reserved.

Orders

  • Divorce judgment granted June 13, 2003
  • Sole care, custody and control of Emma Caitlin Burrows to mother, Laura Dawn MacNutt