M.D.M. v. D.T.M.

M.D.M. v. D.T.M.

Sole custody awarded to the mother and phased supervised-to-unsupervised access to the father were required because ongoing parental conflict and the father's conduct caused stress for the children; child support fixed at $517/month based on the court's assessment of the father's annual income at $35,000; spousal...

Source-derived case information.

Citation
2010 NSSC 474
Parties
Petitioner: M. D. M.; Respondent: D. T. M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 December 2010
Procedural Posture
Family Law — Corollary Relief (custody, Access, Support, Property Division) / Trial Decision / Final Adjudication on Corollary Relief
Outcome
Petition granted in part and denied in part: sole custody to mother; specified supervised and phased unsupervised access to father; child support ordered; spousal support denied; pensions divided; asset equalization and specific asset orders made; costs each party bears own.
Legal Topics
Custody and Access, Parenting Time Schedule, Supervised Access, Child Support Calculation, Income Determination, Pension Division, Equalization, Maintenance Enforcement, DNA Testing
Source Language
english
Family Law Child Custody Child Support Spousal Support Property Division Custody and Access Parenting Time Schedule Supervised Access +6 more

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Parties

M. D. M.

Petitioner

D. T. M.

Respondent

Procedural Posture

Family Law — Corollary Relief (custody, Access, Support, Property Division) / Trial Decision / Final Adjudication on Corollary Relief

Legal Issues

  1. 1 Whether joint custody and unsupervised access were appropriate
  2. 2 Appropriate access schedule and supervision given parental conflict and children's best interests
  3. 3 Proper income to calculate child support and whether income should be imputed

Ratio Decidendi

Sole custody awarded to the mother and phased supervised-to-unsupervised access to the father were required because ongoing parental conflict and the father's conduct caused stress for the children; child support fixed at $517/month based on the court's assessment of the father's annual income at $35,000; spousal support was denied for lack of need and ability to pay; pensions earned during the nine years seven months of cohabitation/marriage were ordered divided equally at source; specific asset equalization adjustments and a net payment were ordered tied to a quit claim and mortgage release.

Court Disposition

Petition granted in part and denied in part: sole custody to mother; specified supervised and phased unsupervised access to father; child support ordered; spousal support denied; pensions divided; asset equalization and specific asset orders made; costs each party bears own.

Orders

  • Ms. S. awarded sole custody of the children R. and H.
  • Mr. M. granted supervised parenting time on specified December dates and phased unsupervised access schedule commencing Boxing Day 2010 and further specified weekend and block summer access commencing January 2011