Lewis v. Lewis

Lewis v. Lewis

On balance of probabilities the mother's evidence was preferred; there was insufficient credible evidence of child abuse or other parenting incapacity and no demonstrable need for a parental capacity assessment; preserving stability and the best interests of the children required awarding custody to the mother while...

Source-derived case information.

Citation
2005 NSSC 256
Parties
Applicant/respondent: Alison Lewis; Respondent/applicant: Gordon Lewis
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 August 2005
Procedural Posture
Divorce/family — Interim Custody and Access / Interim Hearing/decision
Outcome
Interim custody awarded to mother (Alison Lewis); father (Gordon Lewis) granted unsupervised access on a specified biweekly schedule; application for parental capacity assessment denied.
Legal Topics
Interim Custody, Access, Supervised Access, Parental Capacity Assessment, Best Interests of the Child, Status Quo
Source Language
english
Family Law Child Custody Divorce Interim Custody Access Supervised Access Parental Capacity Assessment Best Interests of the Child +1 more

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Parties

Alison Lewis

Applicant/respondent

Gordon Lewis

Respondent/applicant

Procedural Posture

Divorce/family — Interim Custody and Access / Interim Hearing/decision

Legal Issues

  1. 1 Whether to vary or vacate an interim consent order alleged to have been given under duress
  2. 2 Whether supervised access is required or whether unsupervised access should be restored
  3. 3 Whether a parental capacity assessment should be ordered under Judicature Act s.32F(1)

Ratio Decidendi

On balance of probabilities the mother's evidence was preferred; there was insufficient credible evidence of child abuse or other parenting incapacity and no demonstrable need for a parental capacity assessment; preserving stability and the best interests of the children required awarding custody to the mother while restoring regular unsupervised access to the father on a structured schedule and denying the parental capacity assessment due to lack of necessity, delay, cost and intrusiveness.

Court Disposition

Interim custody awarded to mother (Alison Lewis); father (Gordon Lewis) granted unsupervised access on a specified biweekly schedule; application for parental capacity assessment denied.

Orders

  • Custody of children to Alison Lewis (interim)
  • Father to have unsupervised access on a two‑week rotating schedule: week one Friday 3:30 p.m. to Sunday 3:30 p.m. (extended to Monday 3:30 p.m. if Monday holiday or no school) commencing Sept 2, 2005 and every second week thereafter; week two Tuesdays and Thursdays (10:00 a.m.–6:00 p.m. when not in school; 3:30...