E.A.W. v. M.J.M.

E.A.W. v. M.J.M.

The Justice of the Peace erred by using the Domestic Violence Intervention Act to resolve a custody/access dispute absent an urgent risk of domestic violence; because there was no immediate danger requiring 'forthwith' intervention the Emergency Protection Order was terminated.

Citation
2012 NSSC 216
Parties
Applicant: E.A.W.; Respondent: M.J.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 June 2012
Procedural Posture
Domestic Violence Intervention Act Emergency Protection Order / Review of EPO by Supreme Court Following JP Hearing
Outcome
Emergency Protection Order terminated
Legal Topics
Emergency Protection Order, Domestic Violence Intervention Act, Custody and Access, Ex Parte Orders, Best Interests of the Child
Source Language
English
Family Law Domestic Violence Law Civil Procedure Emergency Protection Order Domestic Violence Intervention Act Custody and Access Ex Parte Orders Best Interests of the Child

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Parties

E.A.W.

Applicant

M.J.M.

Respondent

Procedural Posture

Domestic Violence Intervention Act Emergency Protection Order / Review of EPO by Supreme Court Following JP Hearing

Legal Issues

  1. 1 Whether a Justice of the Peace may grant an Emergency Protection Order where no immediate risk of domestic violence exists
  2. 2 Whether the Domestic Violence Intervention Act can be used to resolve custody or access disputes
  3. 3 Proper meaning and application of 'forthwith' under the Domestic Violence Intervention Act

Ratio Decidendi

The Justice of the Peace erred by using the Domestic Violence Intervention Act to resolve a custody/access dispute absent an urgent risk of domestic violence; because there was no immediate danger requiring 'forthwith' intervention the Emergency Protection Order was terminated.

Court Disposition

Emergency Protection Order terminated

Orders

  • The Emergency Protection Order issued May 17, 2012 is terminated forthwith.