J.G.W. v. T.L.W.

J.G.W. v. T.L.W.

Divorce was granted and, applying the best interests test, the court retained joint custody with the mother as primary caregiver because continuity in the children’s community and schools, their wellbeing, the father’s long night shift work and limited daytime availability, his evident animus toward the mother and lack of evidence he would facilitate contact outweighed his claims; access provisions were maintained and modified with specific communication conditions; child support was set by table at $596/month based on petitioner income of $29,900 despite acknowledged travel costs; unequal division under s.13 was awarded to the respondent on proof of unfairness and the children's needs;...

Citation
2010 NSSC 58
Parties
Petitioner: J. G. W.; Respondent/counter Petitioner: T. L. W.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 January 2010
Procedural Posture
Divorce / Final Judgment
Outcome
Divorce granted. Parties to have joint custody; respondent T.L.W. to have primary care and control. Existing interim access schedule maintained and incorporated with additional communication and access conditions. Child support ordered at $596 per month payable by petitioner commencing Feb 1, 2010 through...
Legal Topics
Custody and Access, Child Support Determination, Unequal Division of Matrimonial Assets Under S.13, Change of Name, Interim Orders, Costs
Source Language
English
Family Law Divorce Child Custody Child Support Matrimonial Property Custody and Access Child Support Determination Unequal Division of Matrimonial Assets Under S.13 +3 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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

J. G. W.

Petitioner

T. L. W.

Respondent/counter Petitioner

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether to grant divorce
  2. 2 Whether to vary custody to give father primary care
  3. 3 Appropriate access conditions to maximize contact consistent with best interests of the children

Ratio Decidendi

Divorce was granted and, applying the best interests test, the court retained joint custody with the mother as primary caregiver because continuity in the children’s community and schools, their wellbeing, the father’s long night shift work and limited daytime availability, his evident animus toward the mother and lack of evidence he would facilitate contact outweighed his claims; access provisions were maintained and modified with specific communication conditions; child support was set by table at $596/month based on petitioner income of $29,900 despite acknowledged travel costs; unequal division under s.13 was awarded to the respondent on proof of unfairness and the children's needs;...

Court Disposition

Divorce granted. Parties to have joint custody; respondent T.L.W. to have primary care and control. Existing interim access schedule maintained and incorporated with additional communication and access conditions. Child support ordered at $596 per month payable by petitioner commencing Feb 1, 2010 through...

Orders

  • Divorce granted and Divorce Judgment to be signed by the Court.
  • Change of name: T. L. W. to be changed to T. L. S.