Quigley v. Willmore

Quigley v. Willmore

The Court granted substituted service but limited it to personal service on Mr. Kelly (a Nova Scotia officer of the Court reasonably expected to have contact with the respondent), denied the ex parte order compelling Whitzman to prepare a report for lack of jurisdiction over him and because the respondent must have opportunity for input, and refused to make an ex parte interim sole custody order because the circumstances did not amount to an emergency; instead the Court set a supervised schedule to advance the matter and imposed a removal restraint on the child pending further order.

Citation
2008 NSSC 95
Parties
Petitioner: Karen Agnes Quigley; Respondent: Gary Willmore
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 November 2008
Procedural Posture
Divorce and Custody Proceedings (family Law) / Ex Parte Applications; Pre Trial and Interim Scheduling
Outcome
Partial grant and partial denial: substituted service granted via service on Mr. Kelly; order compelling counsellor denied; ex parte custody denied; case scheduled for pre-trial and tentative interim dates; removal restraint imposed.
Legal Topics
Custody, Substituted Service, Jurisdiction, Inter Jurisdictional Enforcement, Interim Orders
Source Language
English
Family Law Child Custody Divorce Civil Procedure International/intrastate Jurisdiction Custody Substituted Service Jurisdiction +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Karen Agnes Quigley

Petitioner

Gary Willmore

Respondent

Procedural Posture

Divorce and Custody Proceedings (family Law) / Ex Parte Applications; Pre Trial and Interim Scheduling

Legal Issues

  1. 1 Whether substituted service should be ordered for a respondent resident and litigating in the United States
  2. 2 Whether an ex parte order directing a counsellor to prepare a report is appropriate
  3. 3 Whether ex parte interim sole custody should be granted

Ratio Decidendi

The Court granted substituted service but limited it to personal service on Mr. Kelly (a Nova Scotia officer of the Court reasonably expected to have contact with the respondent), denied the ex parte order compelling Whitzman to prepare a report for lack of jurisdiction over him and because the respondent must have opportunity for input, and refused to make an ex parte interim sole custody order because the circumstances did not amount to an emergency; instead the Court set a supervised schedule to advance the matter and imposed a removal restraint on the child pending further order.

Court Disposition

Partial grant and partial denial: substituted service granted via service on Mr. Kelly; order compelling counsellor denied; ex parte custody denied; case scheduled for pre-trial and tentative interim dates; removal restraint imposed.

Orders

  • Substituted service of Nova Scotia proceedings on Mr. Willmore to be effected by personal service on Mr. Kelly
  • Denied ex parte order directing Mr. Whitzman to prepare a report; any assessment to be determined with input from both parties