K.E. v. D.E.

K.E. v. D.E.

The court grants the divorce and awards sole care, custody and control to the mother because the best interests of the children and the parties' inability to cooperate make joint custody inappropriate; the father is not found to be dangerous to the children but access must expand very gradually to protect the children's welfare, so a staged transition from supervised to limited unsupervised bi-monthly weekend visits and weekly telephone contact is ordered; the court declines to impute income for child support due to insufficient evidence and directs parties to bear their own costs.

Citation
2003 NSSF 54
Parties
Petitioner: K.E.; Respondent: D.E.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 December 2003
Procedural Posture
Divorce (corollary Relief: Custody, Access, Child Support) / Trial/decision (oral Decision Nov 21, 2003; Written Decision Dec 31, 2003)
Outcome
Divorce granted; corollary relief awarded as set out in orders
Legal Topics
Joint Custody, Supervised Visitation, Variation of Access, Jurisdiction Transfer, Psychological Assessment, Imputation of Income
Source Language
English
Family Law Divorce Child Custody Child Support Access/visitation Joint Custody Supervised Visitation Variation of Access +3 more

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Parties

K.E.

Petitioner

D.E.

Respondent

Procedural Posture

Divorce (corollary Relief: Custody, Access, Child Support) / Trial/decision (oral Decision Nov 21, 2003; Written Decision Dec 31, 2003)

Legal Issues

  1. 1 Whether joint custody should be ordered
  2. 2 Appropriate access arrangement and supervision for the children
  3. 3 Whether income should be imputed to the father for child support

Ratio Decidendi

The court grants the divorce and awards sole care, custody and control to the mother because the best interests of the children and the parties' inability to cooperate make joint custody inappropriate; the father is not found to be dangerous to the children but access must expand very gradually to protect the children's welfare, so a staged transition from supervised to limited unsupervised bi-monthly weekend visits and weekly telephone contact is ordered; the court declines to impute income for child support due to insufficient evidence and directs parties to bear their own costs.

Court Disposition

Divorce granted; corollary relief awarded as set out in orders

Orders

  • Divorce granted on grounds of one year separation
  • Sole care, custody and control of the children awarded to K.E.