J.A.R. v. W.F.C.

J.A.R. v. W.F.C.

The consent parallel parenting order was materially harming the children and, combined with the children’s expressed wishes and professional assessments recommending joint custody with the father having primary care, the Court varied the order and awarded joint custody with primary care to the father, set a detailed access schedule, terminated the respondent’s child support as of July 1, 2014 given his Workers’ Compensation status and primary care shift, and terminated the special expenses order.

Citation
2014 NSFC 12
Parties
Applicant: J.A.R.; Respondent: W.F.C.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
21 July 2014
Procedural Posture
Family Law Variation of Custody Order / Decision (post Hearing)
Outcome
Order varied: joint custody awarded to parties with primary care to respondent father; access schedule set for applicant mother; child support terminated as of July 1, 2014 and arrears payable at $25/month through Director of Maintenance Enforcement; order for special expenses terminated.
Legal Topics
Joint Custody, Primary Care, Access Schedule, Best Interests of the Child, Material Change in Circumstances, Maintenance and Custody Act, Special Expenses, Parallel Parenting
Source Language
English
Family Law Child Custody Access/parenting Time Child Support Variation of Order Joint Custody Primary Care Access Schedule +5 more

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Parties

J.A.R.

Applicant

W.F.C.

Respondent

Procedural Posture

Family Law Variation of Custody Order / Decision (post Hearing)

Legal Issues

  1. 1 Whether there was a material change in circumstances to permit variation of the July 29, 2011 consent parenting plan
  2. 2 Whether joint custody should continue and which parent should have primary care
  3. 3 What access/parenting time schedule is in the children’s best interests

Ratio Decidendi

The consent parallel parenting order was materially harming the children and, combined with the children’s expressed wishes and professional assessments recommending joint custody with the father having primary care, the Court varied the order and awarded joint custody with primary care to the father, set a detailed access schedule, terminated the respondent’s child support as of July 1, 2014 given his Workers’ Compensation status and primary care shift, and terminated the special expenses order.

Court Disposition

Order varied: joint custody awarded to parties with primary care to respondent father; access schedule set for applicant mother; child support terminated as of July 1, 2014 and arrears payable at $25/month through Director of Maintenance Enforcement; order for special expenses terminated.

Orders

  • Parties shall have joint custody with primary care to the respondent father of B. and J.
  • Applicant mother shall have access every other weekend from Friday after school to Monday morning.