P.A.D. v. W.E.K.

P.A.D. v. W.E.K.

On the interim application the court ordered shared care because it concluded shared parenting with a structured schedule best served the children's stability and interests; primary residence was to remain with the mother; a specific two-week rotation schedule giving the father substantial time was implemented; no...

Source-derived case information.

Citation
2005 NSSC 92
Parties
Applicant (mother): P. A. D.; Respondent (father): W. E. K.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 April 2005
Procedural Posture
Family Law Interim Application Under the Maintenance and Custody Act / Interim Application / Interim Decision
Outcome
Interim order granted in part: shared care ordered with specified two-week schedule; primary residence with mother; no periodic child support ordered now beyond equal sharing of childcare expenses effective April 1, 2005; retroactive child support reserved; hearing to resolve school decision if necessary.
Legal Topics
Interim Custody, Access/visitation, Shared Parenting, Child Support Calculation, Daycare Costs, Decision Making Authority
Source Language
english
Family Law Custody Child Support Maintenance and Custody Act Interim Custody Access/visitation Shared Parenting Child Support Calculation +2 more

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Parties

P. A. D.

Applicant (mother)

W. E. K.

Respondent (father)

Procedural Posture

Family Law Interim Application Under the Maintenance and Custody Act / Interim Application / Interim Decision

Legal Issues

  1. 1 What interim care arrangement serves the children’s best interests
  2. 2 Whether shared-care at or above 40% triggers s.9 Child Support Guidelines and requires a support order
  3. 3 Allocation of childcare expenses

Ratio Decidendi

On the interim application the court ordered shared care because it concluded shared parenting with a structured schedule best served the children's stability and interests; primary residence was to remain with the mother; a specific two-week rotation schedule giving the father substantial time was implemented; no periodic child support was ordered at this time beyond equal sharing of childcare expenses effective April 1, 2005; retroactive child support was reserved for final hearing.

Court Disposition

Interim order granted in part: shared care ordered with specified two-week schedule; primary residence with mother; no periodic child support ordered now beyond equal sharing of childcare expenses effective April 1, 2005; retroactive child support reserved; hearing to resolve school decision if necessary.

Orders

  • Children's primary residence to remain with mother except during father's care
  • Shared-care schedule on a two-week rotation: Week 1 - father from Wednesday after daycare/school to Friday at 4:30 p.m.; Week 2 - father from Wednesday after daycare/school to Sunday at 1:00 p.m.