Burgin v. Howells

Burgin v. Howells

The move constituted a material change in circumstances; balancing the primary caregiver's role, the child's best interests and the need to maximize parental contact, the court allowed the mother's relocation to the United Kingdom while structuring detailed measures to preserve and maximize the father's access, and...

Source-derived case information.

Citation
2004 NSSC 31
Parties
Petitioner: Heather Jane Burgin; Respondent: David Robert Meridth Howells
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 February 2004
Procedural Posture
Family Law Divorce Corollary Relief Variation and Relocation / Decision on Applications Following Hearing (jan 19 22, 2004; Decision Feb 9, 2004)
Outcome
Mother's application to relocate to the United Kingdom granted; father's application to vary access not adjudicated separately given relocation; spousal support limited to terminate six months after mother's return to the U.K.
Legal Topics
Relocation of Child, Variation of Spousal Support, Access Scheduling, Best Interests of the Child, Change of Circumstances Threshold
Source Language
english
Family Law Child Custody and Access Spousal Support Relocation/international Move Relocation of Child Variation of Spousal Support Access Scheduling Best Interests of the Child +1 more

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Parties

Heather Jane Burgin

Petitioner

David Robert Meridth Howells

Respondent

Procedural Posture

Family Law Divorce Corollary Relief Variation and Relocation / Decision on Applications Following Hearing (jan 19 22, 2004; Decision Feb 9, 2004)

Legal Issues

  1. 1 Whether the primary caregiver may relocate the child to England
  2. 2 Whether the proposed relocation is a material change in circumstances
  3. 3 Whether the move is in the best interests of the child

Ratio Decidendi

The move constituted a material change in circumstances; balancing the primary caregiver's role, the child's best interests and the need to maximize parental contact, the court allowed the mother's relocation to the United Kingdom while structuring detailed measures to preserve and maximize the father's access, and limited spousal support to terminate six months after the mother's return to the U.K., promoting her economic self-sufficiency.

Court Disposition

Mother's application to relocate to the United Kingdom granted; father's application to vary access not adjudicated separately given relocation; spousal support limited to terminate six months after mother's return to the U.K.

Orders

  • Mother permitted to relocate to the United Kingdom with the child.
  • Mother to e-mail father at least biweekly concerning the child and provide all school reports.