MacKeigan v. Reddick

MacKeigan v. Reddick

The court found a material change of circumstances based on the mother's unilateral repudiation of joint custody obligations (failure to consult on medical, educational and health matters); variation was granted: joint custody retained but decision-making authority split (father final authority on health, mother...

Source-derived case information.

Citation
2007 NSSC 300
Parties
Applicant/respondent: Richard MacKeigan; Respondent/applicant: Sandra Reddick
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 October 2007
Procedural Posture
Family Division Variation of Custody and Support / Variation Hearing Final Decision
Outcome
Variation granted in part: joint custody retained with modified decision-making allocation and parenting schedule; mother remains primary caregiver; maintenance and costs reserved for further proceedings.
Legal Topics
Joint Custody, Primary Caregiver Designation, Best Interests of the Child, Material Change in Circumstances, Parenting Schedule, Decision Making Authority, Child Support Guidelines, Court Ordered Counseling
Source Language
english
Family Law Child Custody Child Support Maintenance Variation of Court Order Joint Custody Primary Caregiver Designation Best Interests of the Child +5 more

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Parties

Richard MacKeigan

Applicant/respondent

Sandra Reddick

Respondent/applicant

Procedural Posture

Family Division Variation of Custody and Support / Variation Hearing Final Decision

Legal Issues

  1. 1 Has there been a material change in circumstances to justify varying the order?
  2. 2 What custodial designation is in the best interests of the child?
  3. 3 Who should be designated primary caregiver?

Ratio Decidendi

The court found a material change of circumstances based on the mother's unilateral repudiation of joint custody obligations (failure to consult on medical, educational and health matters); variation was granted: joint custody retained but decision-making authority split (father final authority on health, mother final authority on education), mother remains primary caregiver, parenting schedule substantially modified, counseling and communication protocols ordered, and maintenance/costs reserved for later determination under the Child Support Guidelines s.9.

Court Disposition

Variation granted in part: joint custody retained with modified decision-making allocation and parenting schedule; mother remains primary caregiver; maintenance and costs reserved for further proceedings.

Orders

  • Joint custody of Brady continues with consultation on major matters
  • If meaningful consultation results in impasse, father (Richard MacKeigan) has final decision-making authority on Brady's health (medical, dental, emotional)