D.W. v. S.S.

D.W. v. S.S.

Court found a material change in circumstances rooted in the risk posed by Ms. S's plan to resume cohabitation with her fiancé who was charged with possession and trafficking of drugs and possession of weapons; because the immediate risk was removed by the parties' current separation, the existing shared parenting order will resume but with an express prohibition on the fiancé's presence during Ms. S's parenting time and a mandatory review to be triggered if Ms. S resumes cohabitation, with interim restricted parenting time until the review; child support variation was adjourned pending evidence relevant to s.9(b) and s.9(c) of the Guidelines.

Citation
2020 NSSC 306
Parties
Applicant: D.W.; Respondent: S.S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 October 2020
Procedural Posture
Variation of Parenting and Child Support Under the Parenting and Support Act / Trial Court Decision (judgment)
Outcome
Shared parenting order resumed with restrictions; review hearing ordered if respondent resumes cohabitation with fiancé; child support variation adjourned pending further evidence.
Legal Topics
Shared Parenting, Variation, Material Change, Best Interests of the Child, Supervision of Access, Risk Assessment, Procedural Fairness
Source Language
English
Family Law Child Protection Child Support Custody/parenting Shared Parenting Variation Material Change Best Interests of the Child +3 more

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Parties

D.W.

Applicant

S.S.

Respondent

Procedural Posture

Variation of Parenting and Child Support Under the Parenting and Support Act / Trial Court Decision (judgment)

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of parenting time
  2. 2 Whether shared parenting should be limited or supervised because of safety risks posed by respondent's fiancé
  3. 3 Whether child support should be varied and how to calculate set-off under s.9 of the Child Maintenance Guidelines

Ratio Decidendi

Court found a material change in circumstances rooted in the risk posed by Ms. S's plan to resume cohabitation with her fiancé who was charged with possession and trafficking of drugs and possession of weapons; because the immediate risk was removed by the parties' current separation, the existing shared parenting order will resume but with an express prohibition on the fiancé's presence during Ms. S's parenting time and a mandatory review to be triggered if Ms. S resumes cohabitation, with interim restricted parenting time until the review; child support variation was adjourned pending evidence relevant to s.9(b) and s.9(c) of the Guidelines.

Court Disposition

Shared parenting order resumed with restrictions; review hearing ordered if respondent resumes cohabitation with fiancé; child support variation adjourned pending further evidence.

Orders

  • Resume existing shared parenting arrangement and continue decision-making terms of January 2018 order
  • Ms. S's fiancé shall not be present during any time Ms. S spends with M