Jarvis v. Landry

Jarvis v. Landry

The applications for a home study/custody-access assessment and a children's wish report were dismissed because the applicant failed to meet the Farmakoulas test: she did not show a specific need for the professional opinion or that the assessment would provide information otherwise unavailable; relevant information...

Source-derived case information.

Citation
2011 NSSC 116
Parties
Petitioner (father): Robert Gregory Jarvis; Respondent (mother): Tessa Louise Landry
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 March 2011
Procedural Posture
Family Division Custody and Access / Interim Application Re Court Ordered Reports (pre Trial)
Outcome
Applications dismissed
Legal Topics
Custody and Access Assessment, Children's Wish Report, Court Ordered Expert Report, Best Interests of the Child, Judicature Act S.32 F
Source Language
english
Family Law Child Welfare Civil Procedure Custody and Access Assessment Children's Wish Report Court Ordered Expert Report Best Interests of the Child Judicature Act S.32 F

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Parties

Robert Gregory Jarvis

Petitioner (father)

Tessa Louise Landry

Respondent (mother)

Procedural Posture

Family Division Custody and Access / Interim Application Re Court Ordered Reports (pre Trial)

Legal Issues

  1. 1 Whether to order a home study/custody-access assessment under s.32F of the Judicature Act
  2. 2 Whether to order a children's wish report
  3. 3 Whether the applicant met the burden to show the necessity of a professional assessment

Ratio Decidendi

The applications for a home study/custody-access assessment and a children's wish report were dismissed because the applicant failed to meet the Farmakoulas test: she did not show a specific need for the professional opinion or that the assessment would provide information otherwise unavailable; relevant information could be adduced at trial or from the Department of Community Services, and the children's best interests did not require ordering the reports given the evidence before the court.

Court Disposition

Applications dismissed

Orders

  • Application for home study / custody and access assessment dismissed.
  • Application for children's wish report dismissed.