R.D.W. v. P.L.W.

R.D.W. v. P.L.W.

Applicant failed to prove or discharge the onus that supervised or restricted parenting time was necessary; existing interim consent orders and insufficient credible evidence of abuse or dangerous alcohol use required maintenance of joint custody with primary residence to the mother; a detailed parenting time schedule was ordered to give effect to the parties' agreed framework; Respondent's disclosed 2019 income and agreement supported a child support order of $200/month and ongoing disclosure obligations; costs were reserved to be taxed later but not awarded now as not in children's best interests.

Citation
2020 NSFC 9
Parties
Applicant (mother): R.D.W.; Respondent (father): P.L.W.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
30 September 2020
Procedural Posture
Application Under the Parenting and Support Act (custody, Parenting Time, Child Support) / Final Decision
Outcome
Joint custody maintained; primary residence with Applicant (mother); detailed parenting time schedule ordered; Respondent ordered to pay child support and to provide annual tax assessment; costs adjourned to be taxed at future date
Legal Topics
Custody, Parenting Time, Child Support Determination, Best Interests of the Child, Evidence and Credibility, Costs
Source Language
English
Family Law Child Custody Child Support Parenting Orders Custody Parenting Time Child Support Determination Best Interests of the Child +2 more

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Parties

R.D.W.

Applicant (mother)

P.L.W.

Respondent (father)

Procedural Posture

Application Under the Parenting and Support Act (custody, Parenting Time, Child Support) / Final Decision

Legal Issues

  1. 1 Whether joint custody or sole custody should be ordered
  2. 2 Whether parenting time should be restricted or supervised due to alleged abuse and alcohol use
  3. 3 Appropriate parenting time schedule and transitions

Ratio Decidendi

Applicant failed to prove or discharge the onus that supervised or restricted parenting time was necessary; existing interim consent orders and insufficient credible evidence of abuse or dangerous alcohol use required maintenance of joint custody with primary residence to the mother; a detailed parenting time schedule was ordered to give effect to the parties' agreed framework; Respondent's disclosed 2019 income and agreement supported a child support order of $200/month and ongoing disclosure obligations; costs were reserved to be taxed later but not awarded now as not in children's best interests.

Court Disposition

Joint custody maintained; primary residence with Applicant (mother); detailed parenting time schedule ordered; Respondent ordered to pay child support and to provide annual tax assessment; costs adjourned to be taxed at future date

Orders

  • Custody: joint guardianship as per Parenting and Support Act s.18(4) with primary residence to Applicant mother
  • Parenting time: detailed schedule commencing weekend of October 9, 2020 with every second weekend (Fri 5:00 p.m. to Sun 5:00 p.m.), alternating Christmas and other holiday schemes, specified Easter and summer week arrangements, Father's/Mother's Day and birthday arrangements and shared statutory holidays