E.W. v. B.G.

E.W. v. B.G.

On the facts and applying the statutory best-interests factors, joint custody with the child in E.W.'s primary care best serves the child because it preserves stability, limits exposure to parental conflict, and reflects the history of primary care; shared parenting was rejected because it would undermine stability,...

Source-derived case information.

Citation
2021 NSSC 137
Parties
Applicant: E.W.; Respondent: B.G.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 April 2021
Procedural Posture
Family Law Custody and Parenting; Contempt Motion / Final Hearing/decision (motion for Contempt Withdrawn; Final Parenting Orders Made)
Outcome
Contempt motion withdrawn by respondent; final parenting orders issued: joint custody with E.W. primary caregiver and decision-maker for health, education and general welfare; specified parenting time schedule and conditions; therapeutic and communication obligations imposed; make-up time deferred then implemented...
Legal Topics
Parenting Time, Joint Custody, Best Interests of the Child, Parental Capacity Assessment, Mental Health and Fitness to Parent, COVID 19 Public Health Directives, Make Up Time, Facilitation of Parenting Time, Therapeutic Orders, Evidence/admissibility
Source Language
english
Family Law Child Custody Child Welfare Procedure Public Health Parenting Time Joint Custody Best Interests of the Child +7 more

Source-derived case record

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Parties

E.W.

Applicant

B.G.

Respondent

Procedural Posture

Family Law Custody and Parenting; Contempt Motion / Final Hearing/decision (motion for Contempt Withdrawn; Final Parenting Orders Made)

  1. 1 Whether E.W. should be held in contempt for denying in-person parenting time
  2. 2 What parenting arrangement meets the best interests of the child
  3. 3 Whether make-up parenting time should be ordered and on what terms

Ratio Decidendi

On the facts and applying the statutory best-interests factors, joint custody with the child in E.W.'s primary care best serves the child because it preserves stability, limits exposure to parental conflict, and reflects the history of primary care; shared parenting was rejected because it would undermine stability, require cooperation that does not exist, and B.G.'s health and untreated mental illness limit her capacity for shared care. The interim parenting schedule is continued with specified modifications; B.G. must engage in CBT and E.W. must undertake counselling; make-up time is deferred to a defined summer period for public-health reasons.

Court Disposition

Contempt motion withdrawn by respondent; final parenting orders issued: joint custody with E.W. primary caregiver and decision-maker for health, education and general welfare; specified parenting time schedule and conditions; therapeutic and communication obligations imposed; make-up time deferred then implemented...

Orders

  • Contempt motion withdrawn by B.G.
  • Award joint custody to parents with N.G. in E.W.'s primary care