Forbes v. Forbes

Forbes v. Forbes

On the evidence the Court found the Petitioner's allegations either unproven or insufficient to show a risk of harm or parenting incapacity; therefore supervised access and a parental capacity assessment were unnecessary. The children's best interests required maximizing meaningful contact with the father consistent...

Source-derived case information.

Citation
2002 NSSC 405
Parties
Petitioner: Maria Forbes; Respondent: Derek Forbes
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 March 2002
Procedural Posture
Divorce Act Interim Family Law Application / Interim Application/hearing and Oral Decision
Outcome
Petitioner's applications for supervised access and for a parental capacity assessment dismissed; interim custody to Petitioner with detailed interim access schedule granted to Respondent; matter reserved for costs
Legal Topics
Supervised Access, Best Interests of the Child, Interim Custody Orders, Access Facilitation, Parental Assessment, Allegations of Abuse and Inappropriate Conduct
Source Language
english
Family Law Child Custody and Access Spousal Support Child Support Parental Capacity Assessment Supervised Access Best Interests of the Child Interim Custody Orders +3 more

Source-derived case record

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Parties

Maria Forbes

Petitioner

Derek Forbes

Respondent

Procedural Posture

Divorce Act Interim Family Law Application / Interim Application/hearing and Oral Decision

Legal Issues

  1. 1 Whether the Respondent's access should be supervised
  2. 2 Whether a parental capacity assessment should be ordered
  3. 3 Whether interim custody and access terms should prioritize the children's best interests and maximize contact consistent with those interests

Ratio Decidendi

On the evidence the Court found the Petitioner's allegations either unproven or insufficient to show a risk of harm or parenting incapacity; therefore supervised access and a parental capacity assessment were unnecessary. The children's best interests required maximizing meaningful contact with the father consistent with safety, so the Petitioner's request for supervised access and for a parental assessment was dismissed and a defined interim access schedule was ordered with interim custody to the Petitioner subject to conditions.

Court Disposition

Petitioner's applications for supervised access and for a parental capacity assessment dismissed; interim custody to Petitioner with detailed interim access schedule granted to Respondent; matter reserved for costs

Orders

  • Respondent granted interim access: alternate weekends Friday after work to Sunday ~6:00 p.m.; Tuesday and Thursday evenings after work/school until 6:30 p.m.; reasonable daily telephone access at 6:30 p.m. on non-access days; extended weekend access to include long weekends; 2002 Easter two-day access conditions...
  • Respondent to be responsible for specified meals when he picks up children early as ordered