W.B. v. C.C.

W.B. v. C.C.

The application to vary the interim custody/access order was dismissed because the court found no sufficient change in circumstances that would alter the original interim conclusion; ongoing high conflict and inability to co-parent make equal sharing not in the child's best interests; the court fixed the mother's annual income for support purposes at $11,000 and ordered guideline table support retroactive to April 1, 2006 with standard disclosure obligations; consent orders directing assessments were signed.

Citation
2006 NSSC 286
Parties
Petitioner/respondent: W. B.; Respondent/applicant: C. C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 September 2006
Procedural Posture
Divorce / Family Law Interim Applications / Interim Hearing and Decision on Variation and Interim Support
Outcome
Application of C. C. to vary the March 31, 2006 interim custody/access order dismissed; interim child support ordered against C. C. based on imputed annual income of $11,000, payable at Federal Guideline table amount retroactive to April 1, 2006; consent order for assessment signed; disclosure obligations ordered;...
Legal Topics
Custody Variation, Access/parenting Time, Interim Child Support, Section 7 Expenses, Disclosure of Income, Parenting Assessment, Costs
Source Language
English
Family Law Divorce Child Custody Child Support Interim Relief Custody Variation Access/parenting Time Interim Child Support +4 more

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Parties

W. B.

Petitioner/respondent

C. C.

Respondent/applicant

Procedural Posture

Divorce / Family Law Interim Applications / Interim Hearing and Decision on Variation and Interim Support

Legal Issues

  1. 1 Whether the interim custody/access order should be varied
  2. 2 Whether interim child support under Divorce Act s.15(2) and section 7 expenses should be ordered retroactive to February 9, 2006
  3. 3 Whether there has been a change in circumstances sufficient to justify variation

Ratio Decidendi

The application to vary the interim custody/access order was dismissed because the court found no sufficient change in circumstances that would alter the original interim conclusion; ongoing high conflict and inability to co-parent make equal sharing not in the child's best interests; the court fixed the mother's annual income for support purposes at $11,000 and ordered guideline table support retroactive to April 1, 2006 with standard disclosure obligations; consent orders directing assessments were signed.

Court Disposition

Application of C. C. to vary the March 31, 2006 interim custody/access order dismissed; interim child support ordered against C. C. based on imputed annual income of $11,000, payable at Federal Guideline table amount retroactive to April 1, 2006; consent order for assessment signed; disclosure obligations ordered;...

Orders

  • Application to vary interim custody/access dismissed
  • C. C.'s annual income fixed at $11,000 for interim child support purposes and C. C. ordered to pay Federal Child Support Guideline table amount retroactive to April 1, 2006