M.T. v. M.G.

M.T. v. M.G.

On the balance of probabilities the applicant failed to prove supervised access was necessary; respondent demonstrated sustained sobriety, stable supports and parenting capacity such that unsupervised access, including interim overnight visits under a structured schedule and ancillary conditions (communication, counselling, non‑disparagement, and reporting by counsellors), is in the child's best interests.

Citation
2010 NSSC 89
Parties
Petitioner: M. T.; Respondent: M. G.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 March 2010
Procedural Posture
Family Law Custody and Access / Interim Hearing/decision
Outcome
Court denied the applicant's request for supervised access and granted unsupervised access including interim overnight visits subject to specified conditions and requirements.
Legal Topics
Supervised Access, Parenting Plan, Best Interests of the Child, Overnight Access, Substance Abuse and Rehabilitation
Source Language
English
Family Law Child Custody and Access Supervised Access Parenting Plan Best Interests of the Child Overnight Access Substance Abuse and Rehabilitation

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Parties

M. T.

Petitioner

M. G.

Respondent

Procedural Posture

Family Law Custody and Access / Interim Hearing/decision

Legal Issues

  1. 1 Whether access should be supervised
  2. 2 What interim parenting plan (including overnight access) serves the child's best interests
  3. 3 Whether the parent with prior substance abuse poses a present risk

Ratio Decidendi

On the balance of probabilities the applicant failed to prove supervised access was necessary; respondent demonstrated sustained sobriety, stable supports and parenting capacity such that unsupervised access, including interim overnight visits under a structured schedule and ancillary conditions (communication, counselling, non‑disparagement, and reporting by counsellors), is in the child's best interests.

Court Disposition

Court denied the applicant's request for supervised access and granted unsupervised access including interim overnight visits subject to specified conditions and requirements.