M.U. v. A.U.

M.U. v. A.U.

Sole custody of Y. and S. was awarded to the Petitioner and the Respondent’s access was limited to supervised and restricted communication because unresolved sexual-assault allegations, a child-protection finding of substantial risk of emotional harm, the Respondent’s failure to address child-protection concerns and an inability of the parties to cooperate made joint custody and unsupervised access contrary to the children’s best interests.

Citation
2010 NSSC 470
Parties
Petitioner/mother: M. U.; Respondent/father: A. U.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 December 2010
Procedural Posture
Divorce (family Division) / Final Decision (trial Judgment)
Outcome
Divorce granted; sole custody of Y. and S. to Petitioner; supervised and restricted access to Respondent; no access sought for A.; no costs ordered
Legal Topics
Custody, Access, Supervised Access, Child Protection Proceedings, Divorce, Relocation/notice
Source Language
English
Family Law Child Protection Criminal Law Custody Access Supervised Access Child Protection Proceedings Divorce +1 more

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Parties

M. U.

Petitioner/mother

A. U.

Respondent/father

Procedural Posture

Divorce (family Division) / Final Decision (trial Judgment)

Legal Issues

  1. 1 Whether divorce should be granted
  2. 2 Whether sole or joint custody of Y. and S. is in the children’s best interests
  3. 3 Whether respondent should have supervised or unsupervised access to Y. and S.

Ratio Decidendi

Sole custody of Y. and S. was awarded to the Petitioner and the Respondent’s access was limited to supervised and restricted communication because unresolved sexual-assault allegations, a child-protection finding of substantial risk of emotional harm, the Respondent’s failure to address child-protection concerns and an inability of the parties to cooperate made joint custody and unsupervised access contrary to the children’s best interests.

Court Disposition

Divorce granted; sole custody of Y. and S. to Petitioner; supervised and restricted access to Respondent; no access sought for A.; no costs ordered

Orders

  • Divorce judgment granted to the Petitioner
  • Petitioner granted sole custody of Y. and S.