G.N. v. M.S.

G.N. v. M.S.

Joint custody ordered but primary care and control awarded to the mother because best interests of the children require continuity of the primary caregiver given the infant is breastfed and the father's work and study commitments make him unable to provide full care without third‑party caregivers; limited, specific parenting time was therefore ordered with future review when breastfeeding ends.

Citation
2009 NSFC 32
Parties
Applicant: G.N.; Respondent: M.S.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
30 January 2009
Procedural Posture
Family Court Custody Application / Decision on Application After Hearing
Outcome
Court ordered joint custody with the mother having primary care and control and specified parenting time for the father subject to conditions.
Legal Topics
Shared Custody, Parenting Time, Best Interests of the Child, Primary Care and Control, Breastfeeding, Access/visitation
Source Language
English
Family Law Child Custody Maintenance and Custody Act Shared Custody Parenting Time Best Interests of the Child Primary Care and Control Breastfeeding +1 more

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Parties

G.N.

Applicant

M.S.

Respondent

Procedural Posture

Family Court Custody Application / Decision on Application After Hearing

Legal Issues

  1. 1 Whether shared custody is appropriate for two very young children
  2. 2 Appropriate parenting time schedule given father's work and study commitments
  3. 3 Weight to give breastfeeding and primary caregiver status in best interests analysis

Ratio Decidendi

Joint custody ordered but primary care and control awarded to the mother because best interests of the children require continuity of the primary caregiver given the infant is breastfed and the father's work and study commitments make him unable to provide full care without third‑party caregivers; limited, specific parenting time was therefore ordered with future review when breastfeeding ends.

Court Disposition

Court ordered joint custody with the mother having primary care and control and specified parenting time for the father subject to conditions.

Orders

  • The parties shall have joint custody of the children.
  • The Respondent mother shall have primary care and control of the children.