S. v. D.

S. v. D.

Court accepted Nova Scotia jurisdiction despite the child's habitual residence in Ontario because exceptional factors—agency approval and ongoing monitoring, mother's cooperation and recovery, absence of a competing parental application, prior agency restriction on father's contact, and the child's best...

Source-derived case information.

Citation
2004 NSSF 18
Parties
Applicant: C.R.S.; Respondent: A.A.D.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 March 2004
Procedural Posture
Family Law Custody / Interim Custody (ex Parte Application Heard; Jurisdiction Accepted; Returnable Organizational Pre Trial Scheduled)
Outcome
Nova Scotia court accepted jurisdiction and granted interim sole custody to the mother; matter set for Organizational Pre-Trial within four weeks.
Legal Topics
Interim Custody, Jurisdiction to Hear Removed Child, Mobility of Parent/child, Best Interests of the Child, Child Protection Agency Involvement, Removal of Child Between Provinces, Access Restrictions
Source Language
english
Family Law Child Custody Jurisdiction (interprovincial) Interim Custody Jurisdiction to Hear Removed Child Mobility of Parent/child Best Interests of the Child Child Protection Agency Involvement +2 more

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Parties

C.R.S.

Applicant

A.A.D.

Respondent

Procedural Posture

Family Law Custody / Interim Custody (ex Parte Application Heard; Jurisdiction Accepted; Returnable Organizational Pre Trial Scheduled)

Legal Issues

  1. 1 Whether Nova Scotia court should accept jurisdiction over a child habitually resident in Ontario
  2. 2 Whether interim custody should be granted to the mother who unilaterally moved the child to Nova Scotia
  3. 3 Whether the child should be returned to the departing province

Ratio Decidendi

Court accepted Nova Scotia jurisdiction despite the child's habitual residence in Ontario because exceptional factors—agency approval and ongoing monitoring, mother's cooperation and recovery, absence of a competing parental application, prior agency restriction on father's contact, and the child's best interests—weighed in favor of retaining jurisdiction and granting interim sole custody to the mother with restricted access and a returnable Organizational Pre-Trial.

Court Disposition

Nova Scotia court accepted jurisdiction and granted interim sole custody to the mother; matter set for Organizational Pre-Trial within four weeks.

Orders

  • Interim sole custody of K.R.S. (born 2000) granted to the mother
  • Any access between the child and any third party to be at the mother's discretion until further order of the Court