Dorey v. MacNutt

Dorey v. MacNutt

On the balance of probabilities the child's best interests required joint custody with primary care to the mother because the parents live proximate, both are capable parents but the mother demonstrated greater availability and willingness to organize the child's daily life; this supports predictability and stability. The court ordered the specific interim parenting schedule, mandatory counselling, information-sharing and parenting consultation, required respondent to pay table child support of $507 per month commencing September 15, 2013 based on an agreed income of $60,000, and found no entitlement to spousal support because the petitioner did not demonstrate compensable economic...

Citation
2013 NSSC 267
Parties
Petitioner: Amber Christine MacNutt (Dorey); Respondent: Cory Everett MacNutt
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 August 2013
Procedural Posture
Divorce / Interim Hearing Decision
Outcome
Interim order: joint custody with primary care to Petitioner; specified parenting schedule adopted; child support ordered; spousal support denied.
Legal Topics
Shared Parenting, Best Interests of the Child, Interim Custody Order, Primary Care Designation, Counselling for Child, Child Support Calculation
Source Language
English
Family Law Child Custody Child Support Spousal Support Divorce Act Interpretation Shared Parenting Best Interests of the Child Interim Custody Order +3 more

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Parties

Amber Christine MacNutt (Dorey)

Petitioner

Cory Everett MacNutt

Respondent

Procedural Posture

Divorce / Interim Hearing Decision

Legal Issues

  1. 1 What parenting arrangement serves the child's best interests (shared parenting vs primary care)
  2. 2 What child support should be paid and when it commences
  3. 3 Whether petitioner is entitled to spousal support and, if so, quantum

Ratio Decidendi

On the balance of probabilities the child's best interests required joint custody with primary care to the mother because the parents live proximate, both are capable parents but the mother demonstrated greater availability and willingness to organize the child's daily life; this supports predictability and stability. The court ordered the specific interim parenting schedule, mandatory counselling, information-sharing and parenting consultation, required respondent to pay table child support of $507 per month commencing September 15, 2013 based on an agreed income of $60,000, and found no entitlement to spousal support because the petitioner did not demonstrate compensable economic...

Court Disposition

Interim order: joint custody with primary care to Petitioner; specified parenting schedule adopted; child support ordered; spousal support denied.

Orders

  • Primary care of child (Tayler) awarded to Petitioner effective August 30, 2013
  • Parties granted joint custody with the following interim schedule: respondent to have every other weekend from Friday after school until Monday morning (or Tuesday if Monday is a holiday) and Wednesday overnights from after school until delivery to school the next day