L.S. v. B.S.

L.S. v. B.S.

Only the mother's change of residence post-dated the June 3, 2013 consent order and that change was not material because custody had not been transferred due to any inadequacy of the mother's home; there was no evidence of a material change in the child's condition, needs or circumstances that rendered the existing custody order contrary to the child's best interests, and some evidence indicated the current order remained in the child's best interests (improved school performance and ongoing grandparental contact); therefore the variation application failed for lack of a material change and was dismissed.

Citation
2014 NSSC 259
Parties
Applicant: L.S.; Applicant: M.S.; Respondent: B.S.; Respondent: K.D.G.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 July 2014
Procedural Posture
Variation Application Under the Maintenance and Custody Act / First Stage Hearing on Material Change (s.37)
Outcome
Applicant's variation application dismissed for failure to prove a material change in circumstances; existing custody order remains in force.
Legal Topics
Custody Variation, Material Change in Circumstances, Best Interests of the Child, Access/visitation, Publication Restrictions
Source Language
English
Family Law Child Welfare Custody Variation Material Change in Circumstances Best Interests of the Child Access/visitation Publication Restrictions

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Parties

L.S.

Applicant

M.S.

Applicant

B.S.

Respondent

K.D.G.

Respondent

Procedural Posture

Variation Application Under the Maintenance and Custody Act / First Stage Hearing on Material Change (s.37)

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the June 3, 2013 custody order sufficient to permit variation under s.37 of the Maintenance and Custody Act
  2. 2 Whether the existing custody order is no longer in the child's best interests

Ratio Decidendi

Only the mother's change of residence post-dated the June 3, 2013 consent order and that change was not material because custody had not been transferred due to any inadequacy of the mother's home; there was no evidence of a material change in the child's condition, needs or circumstances that rendered the existing custody order contrary to the child's best interests, and some evidence indicated the current order remained in the child's best interests (improved school performance and ongoing grandparental contact); therefore the variation application failed for lack of a material change and was dismissed.

Court Disposition

Applicant's variation application dismissed for failure to prove a material change in circumstances; existing custody order remains in force.

Orders

  • Variation application dismissed
  • June 3, 2013 custody order awarding custody to the paternal grandparents remains in force