J.M.W. v. K.L.W.

J.M.W. v. K.L.W.

On the balance of probabilities the allegations of abuse were not proven; both parents are capable but the mother had unilaterally removed the children, demonstrated poor judgment and risk of unduly influencing the children with unproven allegations; therefore it was in the children’s interim best interests to reside with the father, the father was granted interim exclusive possession of the matrimonial home, child support was not awarded given custody with the father, and the mother was awarded specified interim access and interim spousal support of $900/month payable in two installments commencing May 1, 2004.

Citation
2004 NSSF 40
Parties
Applicant (father): J.M.W.; Respondent (mother): K.L.W.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 April 2004
Procedural Posture
Family Law: Custody/access, Matrimonial Property, Spousal and Child Support (maintenance and Custody Act; Matrimonial Property Act; Pension Benefits Act) / Interim Hearing (march 31 April 2, 2004)
Outcome
Interim orders made: children placed in father’s interim custody; father granted interim exclusive possession of the matrimonial home; specified interim access for mother; interim spousal support to mother ordered; no interim child support awarded.
Legal Topics
Interim Custody, Access/visitation Schedule, Exclusive Possession of Matrimonial Home, Emergency Protection Order, Allegations of Abuse, Standard of Proof Balance of Probabilities, Best Interests of the Child
Source Language
English
Family Law Child Custody Spousal Support Child Support Matrimonial Property Domestic Violence Interim Custody Access/visitation Schedule +5 more

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Parties

J.M.W.

Applicant (father)

K.L.W.

Respondent (mother)

Procedural Posture

Family Law: Custody/access, Matrimonial Property, Spousal and Child Support (maintenance and Custody Act; Matrimonial Property Act; Pension Benefits Act) / Interim Hearing (march 31 April 2, 2004)

Legal Issues

  1. 1 Whether interim sole custody should be granted and to whom
  2. 2 Whether allegations of physical and/or emotional abuse are proven on the balance of probabilities
  3. 3 Whether the mother’s unilateral removal of the children and conduct should affect interim custody

Ratio Decidendi

On the balance of probabilities the allegations of abuse were not proven; both parents are capable but the mother had unilaterally removed the children, demonstrated poor judgment and risk of unduly influencing the children with unproven allegations; therefore it was in the children’s interim best interests to reside with the father, the father was granted interim exclusive possession of the matrimonial home, child support was not awarded given custody with the father, and the mother was awarded specified interim access and interim spousal support of $900/month payable in two installments commencing May 1, 2004.

Court Disposition

Interim orders made: children placed in father’s interim custody; father granted interim exclusive possession of the matrimonial home; specified interim access for mother; interim spousal support to mother ordered; no interim child support awarded.

Orders

  • Children to reside with father (interim custody) until further Order
  • Mother’s access: every second weekend Friday 6:00 p.m. to Sunday 6:00 p.m. commencing April 23, 2004 (with Friday/Monday extension for certain holidays), alternating Wednesdays 4:00 p.m. to 6:00 p.m., summer rotation dividing July/August in two non-consecutive blocks with mid-week access for the non-resident parent...