Richardson v. Carroll

Richardson v. Carroll

The court found Sawler guilty beyond a reasonable doubt of contempt of the January 9, 2012 order insofar as it related to specified access and joint custody because she willfully disobeyed an order she had participated in negotiating and then refused to comply for approximately one year; claimed mitigating circumstances pre-dated the order and thus were aggravating in context; custody transfer, compelled apology, compelling the child to attend counselling and property-related sanctions were inappropriate in the contempt sentencing; a monetary fine of $1,000 (payable to Richardson by July 30, 2013) and attendance at the Parent Information Program in Halifax were appropriate coercive and...

Citation
2013 NSSC 187
Parties
Applicant/respondent in Contempt Proceedings: Joann Carroll (also known as Joann Sawler); Movant/respondent in Original Proceeding, Applicant in Contempt Motion: Michael Richardson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 June 2013
Procedural Posture
Family Law Contempt Motion Regarding Parenting/access and Custody Orders / Penalty Phase of Contempt Proceeding (post Conviction Sentencing)
Outcome
Respondent Joann Sawler found in contempt of the January 9, 2012 order as to specified access and joint custody; acquitted on allegations of breaching the April 11, 2011 interim consent order regarding access and on failing to return personal property.
Legal Topics
Contempt, Sentencing, Access Enforcement, Parenting Orders, Variation Application, Parent Information Program
Source Language
English
Family Law Contempt of Court Child Custody and Access Civil Procedure Contempt Sentencing Access Enforcement Parenting Orders +2 more

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Parties

Joann Carroll (also known as Joann Sawler)

Applicant/respondent in Contempt Proceedings

Michael Richardson

Movant/respondent in Original Proceeding, Applicant in Contempt Motion

Procedural Posture

Family Law Contempt Motion Regarding Parenting/access and Custody Orders / Penalty Phase of Contempt Proceeding (post Conviction Sentencing)

Legal Issues

  1. 1 Whether Joann Sawler was in contempt of the April 11, 2011 interim consent order (access) and the January 9, 2012 order (specified access, return of property, joint custody/relocation and disclosure of residence/school information)
  2. 2 What penalty is appropriate for proven contempt given child’s best interests and family law context
  3. 3 Whether mitigating factors (father’s alleged alcohol use, child’s unwillingness) reduce penalty

Ratio Decidendi

The court found Sawler guilty beyond a reasonable doubt of contempt of the January 9, 2012 order insofar as it related to specified access and joint custody because she willfully disobeyed an order she had participated in negotiating and then refused to comply for approximately one year; claimed mitigating circumstances pre-dated the order and thus were aggravating in context; custody transfer, compelled apology, compelling the child to attend counselling and property-related sanctions were inappropriate in the contempt sentencing; a monetary fine of $1,000 (payable to Richardson by July 30, 2013) and attendance at the Parent Information Program in Halifax were appropriate coercive and...

Court Disposition

Respondent Joann Sawler found in contempt of the January 9, 2012 order as to specified access and joint custody; acquitted on allegations of breaching the April 11, 2011 interim consent order regarding access and on failing to return personal property.

Orders

  • Respondent to pay a fine of $1,000.00 to Michael Richardson by certified cheque, trust cheque or money order no later than July 30, 2013
  • Respondent to attend the Parent Information Program in Halifax (exemption from local Lunenburg program not extended)