K.A.M. v. C.M.

K.A.M. v. C.M.

On an interim basis the court awarded joint custody to both parents and restored the pre-March 2007 shared parenting regime with specific interim scheduling adjustments for school; imposed conditions that the mother not be under the influence while caring for the child and must provide written proof of enrollment...

Source-derived case information.

Citation
2007 NSFC 30
Parties
Applicant: K.A.M.; Respondent: C.M.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
2 August 2007
Procedural Posture
Originating Application / Interim Hearing (parenting Issues)
Outcome
Interim joint custody awarded to both parents; shared parenting regime restored with specific weekday and weekend arrangements and conditions on the mother's conduct and reporting
Legal Topics
Interim Custody, Joint Custody, Supervised Access, Shared Parenting, Parental Addiction, Status Quo Principle
Source Language
english
Family Law Child Custody Child Welfare Maintenance and Custody Act Interim Custody Joint Custody Supervised Access Shared Parenting +2 more

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Parties

K.A.M.

Applicant

C.M.

Respondent

Procedural Posture

Originating Application / Interim Hearing (parenting Issues)

Legal Issues

  1. 1 Whether to grant joint custody on an interim basis
  2. 2 Whether maternal access should be supervised or limited due to admitted addiction
  3. 3 Whether to restore and maintain the pre-March 2007 shared parenting regime pending final hearing

Ratio Decidendi

On an interim basis the court awarded joint custody to both parents and restored the pre-March 2007 shared parenting regime with specific interim scheduling adjustments for school; imposed conditions that the mother not be under the influence while caring for the child and must provide written proof of enrollment and completion of addiction programs; held that the party seeking to limit contact bears the evidentiary burden and that interim orders are temporary and aimed at the child's immediate welfare.

Court Disposition

Interim joint custody awarded to both parents; shared parenting regime restored with specific weekday and weekend arrangements and conditions on the mother's conduct and reporting

Orders

  • K.A.M. and C.M. are granted joint custody of B. on an interim basis
  • Shared parenting restored including alternate weekends with each parent