J.S.V. v. B.A.J.

J.S.V. v. B.A.J.

The respondent knowingly concealed the child and actively avoided court process, aided by police liaison communications that did not satisfactorily justify withholding information; there was a change of circumstances and the best interests of the child require that primary care be transferred to the father, the child be removed from the mother's care and that a warrant issue for the mother's arrest to secure her attendance and the child's return, with supervised transition and notification to the Minister of Community Services.

Citation
2017 NSSC 222
Parties
Applicant: J.S.V.; Respondent: B.A.J.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 August 2017
Procedural Posture
Parenting and Support Act Application for Variation of Access and Custody (family Law and Child Protection) / Written Decision and Orders Issued by Supreme Court (family Division)
Outcome
Court granted relief to the applicant: warrant for arrest of the mother issued; primary care and custody of the child ordered to transition to the father; directions for immediate removal and involvement of child protection and the Minister.
Legal Topics
Custody, Access, Best Interests of the Child, Witness Protection, Public Interest Privilege, Police Liaison and Conduct, Ex Parte Emergency Protection Orders
Source Language
English
Family Law Child Protection Police Procedure Administrative Law Custody Access Best Interests of the Child Witness Protection +3 more

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Parties

J.S.V.

Applicant

B.A.J.

Respondent

Procedural Posture

Parenting and Support Act Application for Variation of Access and Custody (family Law and Child Protection) / Written Decision and Orders Issued by Supreme Court (family Division)

Legal Issues

  1. 1 Whether there has been a change of circumstances permitting the court to consider variation of access
  2. 2 Whether the respondent is in a witness protection program and whether that status prevents the court from exercising jurisdiction
  3. 3 Whether police actions aided the respondent to conceal the child and the effect on service and notice

Ratio Decidendi

The respondent knowingly concealed the child and actively avoided court process, aided by police liaison communications that did not satisfactorily justify withholding information; there was a change of circumstances and the best interests of the child require that primary care be transferred to the father, the child be removed from the mother's care and that a warrant issue for the mother's arrest to secure her attendance and the child's return, with supervised transition and notification to the Minister of Community Services.

Court Disposition

Court granted relief to the applicant: warrant for arrest of the mother issued; primary care and custody of the child ordered to transition to the father; directions for immediate removal and involvement of child protection and the Minister.

Orders

  • Warrant authorizing arrest of the mother to bring her before the court.
  • Custody order transferring primary care and custody of the child to the applicant, J.S.V.