K.E.D. v. G.R.D.

K.E.D. v. G.R.D.

Shared parenting as previously practiced will be reinstated on an interim basis with a 3.5-day rotation (transfers Thursday and Sunday) because resumption is in the child's best interests, but parenting by the mother is conditioned on residence with the maternal grandmother, prohibition of being under the influence of non‑medically prescribed drugs while caring for the child, and required medical and addictions assessments and reports to be filed four weeks before the review; joint custody is deferred because the parents lack the communication, cooperation and trust necessary for joint decision-making.

Citation
2014 NSFC 7
Parties
Applicant: K. E. D.; Respondent: G. R. D.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
12 May 2014
Procedural Posture
Family Law Custody and Child Support (maintenance and Custody Act; Child Maintenance Guidelines) / Interim Decision After Hearing; Matter Set for Review (docket Appearance Before End of June 2014)
Outcome
Interim order: shared parenting reinstated with conditions; joint custody deferred; child maintenance and costs left open; review scheduled before end of June 2014.
Legal Topics
Shared Parenting, Supervised Parenting, Substance Use and Parenting, Best Interests of the Child, Child Protection Agency Investigations, Interim Orders and Review
Source Language
English
Family Law Child Protection Custody and Access Maintenance Shared Parenting Supervised Parenting Substance Use and Parenting Best Interests of the Child +2 more

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Parties

K. E. D.

Applicant

G. R. D.

Respondent

Procedural Posture

Family Law Custody and Child Support (maintenance and Custody Act; Child Maintenance Guidelines) / Interim Decision After Hearing; Matter Set for Review (docket Appearance Before End of June 2014)

Legal Issues

  1. 1 Whether joint custody should be ordered despite high parental acrimony
  2. 2 Whether shared parenting should resume and on what schedule
  3. 3 Whether maternal drug use and mental health justify supervised or conditional parenting

Ratio Decidendi

Shared parenting as previously practiced will be reinstated on an interim basis with a 3.5-day rotation (transfers Thursday and Sunday) because resumption is in the child's best interests, but parenting by the mother is conditioned on residence with the maternal grandmother, prohibition of being under the influence of non‑medically prescribed drugs while caring for the child, and required medical and addictions assessments and reports to be filed four weeks before the review; joint custody is deferred because the parents lack the communication, cooperation and trust necessary for joint decision-making.

Court Disposition

Interim order: shared parenting reinstated with conditions; joint custody deferred; child maintenance and costs left open; review scheduled before end of June 2014.

Orders

  • Return to shared parenting with equal time using a 3.5 day rotation; transitions on Thursday and Sunday each week unless otherwise agreed.
  • Mother's parenting times conditional on her maintaining primary residence at the maternal grandmother's home.