S.S. v. D.S.

S.S. v. D.S.

Divorce granted; primary residence awarded to mother as being in the children's best interests after balancing Foley factors and subsequent expert evidence despite history of parental alienation; detailed access schedule ordered favoring substantial contact for father; child support to be ordered in accordance with...

Source-derived case information.

Citation
2013 NSSC 384
Parties
Petitioner: S. S.; Respondent: D. S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 December 2013
Procedural Posture
Divorce / Final Trial Decision (divorce Act Corollary Relief)
Outcome
Divorce granted; custody awarded with primary residence to mother; detailed access schedule established; child support ordered under Guidelines; no spousal support; matrimonial property divided with specified pension and asset allocations
Legal Topics
Custody and Access, Relocation, Parental Alienation, Child Support Guidelines and Undue Hardship, Spousal Support, Division of Pension and Other Matrimonial Assets, Separation Date Determination, Credibility Findings
Source Language
english
Family Law Divorce Child Custody Child Support Matrimonial Property Law Custody and Access Relocation Parental Alienation +5 more

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Parties

S. S.

Petitioner

D. S.

Respondent

Procedural Posture

Divorce / Final Trial Decision (divorce Act Corollary Relief)

Legal Issues

  1. 1 Whether custody should be changed from father's sole custody to mother's primary residence and the appropriate access regime
  2. 2 Whether child support should be ordered and its quantum under the Guidelines
  3. 3 Whether spousal support is payable

Ratio Decidendi

Divorce granted; primary residence awarded to mother as being in the children's best interests after balancing Foley factors and subsequent expert evidence despite history of parental alienation; detailed access schedule ordered favoring substantial contact for father; child support to be ordered in accordance with Guidelines with table amount for father calculated at $320.13 per month based on 2011 incomes; no spousal support awarded; unequal division of the Teachers pension implemented: equal division of pension credits earned during the marriage, mother retains 60% of pre‑marriage portion and father 40%; father entitled to $5,000 held from foreclosure settlement; RRSP withdrawals...

Court Disposition

Divorce granted; custody awarded with primary residence to mother; detailed access schedule established; child support ordered under Guidelines; no spousal support; matrimonial property divided with specified pension and asset allocations

Orders

  • Divorce granted
  • Primary home of the children to be with S. S.