K.A. v. O.E.

K.A. v. O.E.

Because both parents are significantly involved, the parties have a high level of conflict that impedes joint decision-making, and the child's stability and schooling would be compromised by other schedules, the court ordered divided parallel parenting with continuation of substantial equal time (structured four-week rotating schedule resulting in approximately 15 overnights per 28 days for the father), allocated education/childcare decision-making to the father and medical/dental/optical decision-making to the mother, imputed the father's income at $40,000 and ordered no periodic child support with net childcare and activity costs shared equally.

Citation
2017 NSSC 332
Parties
Applicant: K. A.; Respondent: O. E.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 May 2017
Procedural Posture
Family Law Custody, Access and Child Maintenance / Final Hearing and Decision
Outcome
Divided parallel parenting ordered; structured equal/shared parenting time retained; specific decision-making domains allocated; child support set at nil with childcare costs shared equally; father's income imputed at $40,000.
Legal Topics
Custody and Access, Shared Parenting, Parallel Parenting, Decision Making Responsibility, Imputation of Income, Relocation
Source Language
English
Family Law Child Custody Child Support Custody and Access Shared Parenting Parallel Parenting Decision Making Responsibility Imputation of Income +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

K. A.

Applicant

O. E.

Respondent

Procedural Posture

Family Law Custody, Access and Child Maintenance / Final Hearing and Decision

Legal Issues

  1. 1 What custody arrangement serves the best interests of the child?
  2. 2 Whether to continue shared parenting or award primary care
  3. 3 How to allocate major decision-making authority between parents

Ratio Decidendi

Because both parents are significantly involved, the parties have a high level of conflict that impedes joint decision-making, and the child's stability and schooling would be compromised by other schedules, the court ordered divided parallel parenting with continuation of substantial equal time (structured four-week rotating schedule resulting in approximately 15 overnights per 28 days for the father), allocated education/childcare decision-making to the father and medical/dental/optical decision-making to the mother, imputed the father's income at $40,000 and ordered no periodic child support with net childcare and activity costs shared equally.

Court Disposition

Divided parallel parenting ordered; structured equal/shared parenting time retained; specific decision-making domains allocated; child support set at nil with childcare costs shared equally; father's income imputed at $40,000.

Orders

  • Continue current daycare until end of August; week on/week off during July and August with Friday transition at daycare end
  • From end of August 2017, implement four-week rotating schedule resulting in 15 overnights for father per 28-day cycle as detailed in the judgment; minimize weekday transitions; if mother relocates to the specified distant area the schedule converts to week on/week off