P.D. v. D.D.

P.D. v. D.D.

Both parents demonstrated adequate parenting ability and suitable homes, the evidence did not establish active substance abuse or parenting incapacity by the father, and parental conflict was not such that shared parenting would be contrary to the children's best interests; therefore shared parenting on alternating weeks was ordered with specified contact and scheduling conditions.

Citation
2007 NSSC 67
Parties
Petitioner: D. (P.); Respondent: D. (D.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 March 2007
Procedural Posture
Divorce (custody and Access) / Final Hearing (custody and Access)
Outcome
Order for shared parenting on alternating weeks awarded; court retained jurisdiction to finalize scheduling details; costs reserved for written submissions.
Legal Topics
Shared Parenting, Best Interests of the Child, Custody and Access, Parental Conduct, Alcohol Use
Source Language
English
Family Law Child Custody Divorce Shared Parenting Best Interests of the Child Custody and Access Parental Conduct Alcohol Use

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Parties

D. (P.)

Petitioner

D. (D.)

Respondent

Procedural Posture

Divorce (custody and Access) / Final Hearing (custody and Access)

Legal Issues

  1. 1 Whether shared parenting is in the best interests of the children
  2. 2 Whether one parent should have primary care rather than shared parenting
  3. 3 Whether the father's alcohol use or other past conduct precludes shared parenting or requires restrictions

Ratio Decidendi

Both parents demonstrated adequate parenting ability and suitable homes, the evidence did not establish active substance abuse or parenting incapacity by the father, and parental conflict was not such that shared parenting would be contrary to the children's best interests; therefore shared parenting on alternating weeks was ordered with specified contact and scheduling conditions.

Court Disposition

Order for shared parenting on alternating weeks awarded; court retained jurisdiction to finalize scheduling details; costs reserved for written submissions.

Orders

  • Children to be in shared parenting with alternating weeks commencing Friday after eldest child arrives at child care provider and ending the following Friday
  • Parent in whose care the children will be for the week shall pick them up from the child care provider on the Friday to begin their week