D.S. v. M.S.

D.S. v. M.S.

Mother found not credible on multiple material points; independent assessments (IWK) and evidence established a loyalty bind harming the child; accordingly child awarded to father with full decision‑making authority and defined access to mother (alternate weekends plus a midweek overnight), no supervised access...

Source-derived case information.

Citation
2010 NSSC 360
Parties
Petitioner: D. S.; Respondent: M. S.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 October 2010
Procedural Posture
Divorce / Judgment (parenting Issues)
Outcome
Divorce granted subject to counsel confirmation about timing; custody, care and control of the child awarded to the father; specified access for the mother; other financial and corollary relief reserved.
Legal Topics
Parenting Time, Custody, Parental Alienation, Child Protection Investigations, Credibility Findings, Supervision Orders, Corollary Relief
Source Language
english
Family Law Divorce Child Welfare Custody and Access Parenting Time Custody Parental Alienation Child Protection Investigations +3 more

Source-derived case record

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Parties

D. S.

Petitioner

M. S.

Respondent

Procedural Posture

Divorce / Judgment (parenting Issues)

Legal Issues

  1. 1 Whether to grant divorce and timing relative to corollary relief
  2. 2 Which parent should have custody and decision-making authority
  3. 3 Appropriate parenting/access schedule

Ratio Decidendi

Mother found not credible on multiple material points; independent assessments (IWK) and evidence established a loyalty bind harming the child; accordingly child awarded to father with full decision‑making authority and defined access to mother (alternate weekends plus a midweek overnight), no supervised access ordered but therapy strongly recommended for mother; divorce granted subject to counsel confirming whether it should be issued now or deferred pending corollary relief for financial reasons.

Court Disposition

Divorce granted subject to counsel confirmation about timing; custody, care and control of the child awarded to the father; specified access for the mother; other financial and corollary relief reserved.

Orders

  • Child to be in the custody, care and control of the father with authority to make all significant decisions regarding education, medical attention, religion and general welfare
  • Child to attend full‑time daycare until school in accordance with current arrangement