N.D.L. v. M.S.L.

N.D.L. v. M.S.L.

On the balance of probabilities the husband was found to have perpetrated domestic violence involving coercive control; because that conduct poses ongoing risks to the child's emotional and psychological development and because there is no clear primary care parent precluding deference to one parent, the child's best interests require awarding sole custody to the mother and permitting the proposed relocation to Bolivar, subject to structured access, supervised implementation, requirements for the father's specialized counselling and monitoring, and specified support and travel arrangements.

Citation
2010 NSSC 68
Parties
Petitioner: L. ( N. D.); Respondent: L. ( M. S. )
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 February 2010
Procedural Posture
Divorce With Corollary Relief (family Law Custody and Support) / Decision on Corollary Matters Pending Grant of Divorce Judgment (interim Order in Place)
Outcome
Sole custody and day to day care awarded to the mother; relocation to Bolivar, Missouri permitted; access to father ordered with conditions; child support and interim spousal support/designated payments ordered; implementation and registration requirements ordered
Legal Topics
Mobility/relocation, Custody Determination, Access/visitation, Judicial Notice of Social Facts, Spousal Support Designation, Implementation and Enforcement
Source Language
English
Family Law Domestic Violence Child Custody Child Support International Relocation/mobility Mobility/relocation Custody Determination Access/visitation +3 more

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Parties

L. ( N. D.)

Petitioner

L. ( M. S. )

Respondent

Procedural Posture

Divorce With Corollary Relief (family Law Custody and Support) / Decision on Corollary Matters Pending Grant of Divorce Judgment (interim Order in Place)

Legal Issues

  1. 1 Whether the mother should be permitted to relocate to Bolivar, Missouri with the child
  2. 2 Who should have custody and day to day care of the child
  3. 3 Effect of findings of domestic violence on custody and access

Ratio Decidendi

On the balance of probabilities the husband was found to have perpetrated domestic violence involving coercive control; because that conduct poses ongoing risks to the child's emotional and psychological development and because there is no clear primary care parent precluding deference to one parent, the child's best interests require awarding sole custody to the mother and permitting the proposed relocation to Bolivar, subject to structured access, supervised implementation, requirements for the father's specialized counselling and monitoring, and specified support and travel arrangements.

Court Disposition

Sole custody and day to day care awarded to the mother; relocation to Bolivar, Missouri permitted; access to father ordered with conditions; child support and interim spousal support/designated payments ordered; implementation and registration requirements ordered

Orders

  • Child shall be in the sole custody and care of the wife (mother)
  • Mother permitted to relocate with the child to Bolivar, Missouri, United States of America, subject to registration for enforcement in Missouri before removal