C.E.G. v. D.B.E.

C.E.G. v. D.B.E.

Because the Respondent repeatedly and unilaterally denied court-ordered access and produced no objective corroborative evidence of abuse despite multiple professional examinations and interviews, the court found a change in circumstances and, applying the best interests of the children and the principle of maximum contact, concluded primary residence and custody should be transferred to the Applicant (father) who was more likely to facilitate ongoing meaningful contact with both parents and avoid further alienation.

Citation
2005 NSSC 251
Parties
Petitioner: C. E. G. (Formerly "E."); Respondent: D. B. E.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 September 2005
Procedural Posture
Divorce Act Application Custody, Access and Child Support (variation Under S.17) / Judgment Following Variation Hearing (decision Dated September 14, 2005)
Outcome
Variation granted: joint custody terminated and primary residence and custody awarded to the Applicant (father).
Legal Topics
Custody, Access, Child Support, Variation of Order, Emergency Protection Order, Allegations of Child Sexual Abuse, Parental Alienation
Source Language
English
Family Law Divorce Child Protection Custody Access Child Support Variation of Order Emergency Protection Order +2 more

Case Brief

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Parties

C. E. G. (Formerly "E.")

Petitioner

D. B. E.

Respondent

Procedural Posture

Divorce Act Application Custody, Access and Child Support (variation Under S.17) / Judgment Following Variation Hearing (decision Dated September 14, 2005)

Legal Issues

  1. 1 Whether there has been a change in circumstances since the Corollary Relief Judgment sufficient to justify variation under s.17
  2. 2 Whether the best interests of the children require changing primary residence and custody
  3. 3 Whether the mother's repeated denial of access constitutes a change warranting variation

Ratio Decidendi

Because the Respondent repeatedly and unilaterally denied court-ordered access and produced no objective corroborative evidence of abuse despite multiple professional examinations and interviews, the court found a change in circumstances and, applying the best interests of the children and the principle of maximum contact, concluded primary residence and custody should be transferred to the Applicant (father) who was more likely to facilitate ongoing meaningful contact with both parents and avoid further alienation.

Court Disposition

Variation granted: joint custody terminated and primary residence and custody awarded to the Applicant (father).

Orders

  • Effective immediately the Applicant shall have custody of the children.
  • Children to be delivered to the Applicant no later than Friday September 16, 2005 at 5:00 p.m.