T.D. v. E.D.

T.D. v. E.D.

Given the high level of inter-parental conflict, the child’s current settled residence, established school routine and mid-year academic considerations, the applicant failed to prove that shared week-about custody would advance the child’s welfare; consequently the mother (E.D.) is awarded primary care, father (T.D.) reasonable access, and restrictions placed on unsupervised care by the mother’s partner (R.W.).

Citation
2005 NSFC 32
Parties
Applicant (father): T.D.; Respondent (mother): E.D.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
1 March 2005
Procedural Posture
Family Court Maintenance and Custody Act Proceedings / Decision Following Contested Hearing
Outcome
Application for shared/week-about custody denied; E.D. awarded primary care; T.D. granted reasonable access; child support deferred; costs reserved.
Legal Topics
Custody, Access, Shared Custody, Joint Custody, Child Welfare, Parental Responsibilities
Source Language
English
Family Law Child Custody Child Support Maintenance and Custody Act Custody Access Shared Custody Joint Custody +2 more

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Parties

T.D.

Applicant (father)

E.D.

Respondent (mother)

Procedural Posture

Family Court Maintenance and Custody Act Proceedings / Decision Following Contested Hearing

Legal Issues

  1. 1 Whether shared (week-about) custody should be imposed
  2. 2 Who should have primary care and day-to-day control of the child
  3. 3 Whether the mother's partner (R.W.) may have unsupervised care of the child

Ratio Decidendi

Given the high level of inter-parental conflict, the child’s current settled residence, established school routine and mid-year academic considerations, the applicant failed to prove that shared week-about custody would advance the child’s welfare; consequently the mother (E.D.) is awarded primary care, father (T.D.) reasonable access, and restrictions placed on unsupervised care by the mother’s partner (R.W.).

Court Disposition

Application for shared/week-about custody denied; E.D. awarded primary care; T.D. granted reasonable access; child support deferred; costs reserved.

Orders

  • E.D. shall have primary care of the child (W.)
  • T.D. shall have reasonable access at reasonable times upon reasonable notice including regular weekend access, reasonable telephone contact, access on holidays, special occasions, school breaks and summer vacation