F.M. v. A.M.

F.M. v. A.M.

There was a material change of circumstances; the Parenting and Support Act governs relocation; father was not 'substantially involved' for s.18H purposes so the presumption favoured relocation; on balance the mother satisfied that relocation to Ontario is in the child's best interests provided specific conditions...

Source-derived case information.

Citation
2021 NSSC 11
Parties
Applicant: F.M.; Respondent: A.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 January 2021
Procedural Posture
Parenting and Relocation Variation (family Division) / Decision on Relocation/variation Application
Outcome
Relocation authorized with conditions; mother retains primary care; parenting order varied; ex parte order rescinded; each party to bear own costs.
Legal Topics
Relocation/mobility, Variation of Parenting Order, Best Interests of the Child, Notice Requirements
Source Language
english
Family Law Child Custody Mobility/relocation Statutory Interpretation Relocation/mobility Variation of Parenting Order Best Interests of the Child Notice Requirements

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Parties

F.M.

Applicant

A.M.

Respondent

Procedural Posture

Parenting and Relocation Variation (family Division) / Decision on Relocation/variation Application

Legal Issues

  1. 1 Whether there is a material change of circumstances since the 2009 order
  2. 2 Whether the 2009 consent order or the Parenting and Support Act governs relocation
  3. 3 Whether relocation to Ontario should be authorized

Ratio Decidendi

There was a material change of circumstances; the Parenting and Support Act governs relocation; father was not 'substantially involved' for s.18H purposes so the presumption favoured relocation; on balance the mother satisfied that relocation to Ontario is in the child's best interests provided specific conditions and a detailed parenting-time regime, and primary care remains with the mother.

Court Disposition

Relocation authorized with conditions; mother retains primary care; parenting order varied; ex parte order rescinded; each party to bear own costs.

Orders

  • A.M. is authorized to relocate with the child to Cornwall, Ontario, but not before August 16, 2021.
  • A.M. must provide F.M. with the residential address where the child will live upon relocation and confirm permanent residence immediately upon securing same.