M.G.G. v. A.D.D.

M.G.G. v. A.D.D.

The proposed relocation was a material change not contemplated by prior orders and, after a fresh best‑interests inquiry weighing the mother's role as primary caregiver, the availability of the program only in British Columbia, family supports there, and the father's lack of a detailed parenting plan and financial capacity, the move is in the child's best interests; custody is therefore granted to the mother with specified access to the father.

Citation
2008 NSFC 18
Parties
Applicant/respondent: M.G.G.; Respondent/applicant: A.D.D.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
11 June 2008
Procedural Posture
Variation of Custody and Access Under the Maintenance and Custody Act / Application to Vary Custody Order; Hearing and Decision
Outcome
Application granted: mother (A.D.D.) permitted to relocate to British Columbia with the child; custody granted to the mother; access rights modified as ordered.
Legal Topics
Custody, Access, Mobility, Best Interests of the Child, Material Change in Circumstances
Source Language
English
Family Law Child Custody Mobility Applications Access/contact Custody Access Mobility Best Interests of the Child +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M.G.G.

Applicant/respondent

A.D.D.

Respondent/applicant

Procedural Posture

Variation of Custody and Access Under the Maintenance and Custody Act / Application to Vary Custody Order; Hearing and Decision

Legal Issues

  1. 1 Whether the proposed move to British Columbia constitutes a material change in circumstances
  2. 2 Whether the move is in the best interests of the child
  3. 3 What access regime should replace the existing order if the move is permitted

Ratio Decidendi

The proposed relocation was a material change not contemplated by prior orders and, after a fresh best‑interests inquiry weighing the mother's role as primary caregiver, the availability of the program only in British Columbia, family supports there, and the father's lack of a detailed parenting plan and financial capacity, the move is in the child's best interests; custody is therefore granted to the mother with specified access to the father.

Court Disposition

Application granted: mother (A.D.D.) permitted to relocate to British Columbia with the child; custody granted to the mother; access rights modified as ordered.

Orders

  • Mother granted custody and permission to relocate to British Columbia with the child.
  • Mother shall arrange for the father to see the child for one month in the summer in Nova Scotia each year.