Y.N. v. D.M.

Y.N. v. D.M.

Mother granted sole custody and permitted to relocate to Japan because on the totality of the evidence relocation is in the child's best interests: mother has been sole primary caregiver and financial/emotional support comes from her family, the father has a lengthy criminal history, ongoing risks (drug and violence) with no satisfactory evidence of rehabilitation, there is no current plan or corroboration to mitigate risk, and contact with the father cannot be ordered at this time.

Citation
2011 NSSC 81
Parties
Petitioner: Y. N.; Respondent: D. M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 February 2011
Procedural Posture
Divorce (family Law) / Final Judgment (divorce and Custody)
Outcome
Divorce granted; mother awarded sole custody; mother permitted to remove child to Japan; no child support ordered at this time; contact between father and child denied pending evidence of changed circumstances.
Legal Topics
Mobility/relocation, Custody, Access, Domestic Violence, Parole and Reintegration, Best Interests of the Child
Source Language
English
Family Law Child Protection Criminal Law Immigration/relocation Mobility/relocation Custody Access Domestic Violence +2 more

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Parties

Y. N.

Petitioner

D. M.

Respondent

Procedural Posture

Divorce (family Law) / Final Judgment (divorce and Custody)

Legal Issues

  1. 1 Whether the mother may relocate the child to Japan (mobility)
  2. 2 Who should have custody of the child
  3. 3 Whether and on what terms father should have access on release

Ratio Decidendi

Mother granted sole custody and permitted to relocate to Japan because on the totality of the evidence relocation is in the child's best interests: mother has been sole primary caregiver and financial/emotional support comes from her family, the father has a lengthy criminal history, ongoing risks (drug and violence) with no satisfactory evidence of rehabilitation, there is no current plan or corroboration to mitigate risk, and contact with the father cannot be ordered at this time.

Court Disposition

Divorce granted; mother awarded sole custody; mother permitted to remove child to Japan; no child support ordered at this time; contact between father and child denied pending evidence of changed circumstances.

Orders

  • Divorce granted based on one year's separation
  • Child shall remain in the sole custody of the mother with day-to-day and long-term decision-making authority