Reece v. Reece

Reece v. Reece

On the evidence presented at the binding settlement conference the mother's relocation to Dalhousie was justified and primary care remains with the mother; the father's parenting time must be reduced from weekend or alternate-week schedules to protect the children's best interests given a 14 hour return commute, resulting in a concrete schedule (every third weekend with detailed holiday and summer block provisions); the competing property and access cost claims are offset in the circumstances so there will be no equalization payment and no reimbursement of access costs, subject to an agreed refinancing mechanism which provides the mother a minimum cash recovery and an immediate RRSP...

Citation
2013 NSSC 33
Parties
Petitioner: Nathan Reece; Respondent: Maia Reece
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 January 2013
Procedural Posture
Family Law Divorce/custody/matrimonial Property / Decision Following Binding Settlement Conference (corollary Relief Order to Be Settled)
Outcome
Partial success for respondent on custody and mobility; specified parenting time and holiday schedule ordered; financial settlements directed as set out; reservation of jurisdiction for corollary relief and costs.
Legal Topics
Mobility/relocation, Primary Care and Joint Custody, Parenting Time Schedule, Equalization of Matrimonial Property, Refinancing and Quit Claim Escrow, Access Cost Reimbursement, Nominal Spousal Support, Child Support Guidelines S.7
Source Language
English
Family Law Matrimonial Property Child Support Spousal Support Procedure (settlement Conference) Mobility/relocation Primary Care and Joint Custody Parenting Time Schedule +5 more

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Parties

Nathan Reece

Petitioner

Maia Reece

Respondent

Procedural Posture

Family Law Divorce/custody/matrimonial Property / Decision Following Binding Settlement Conference (corollary Relief Order to Be Settled)

Legal Issues

  1. 1 Whether the mother’s move to Dalhousie, New Brunswick is justified and whether primary care should remain with her
  2. 2 Appropriate frequency and structure of the father's parenting time given long travel distance
  3. 3 Whether equalization payment is owing and how to implement property division given asset depletion and proposed refinancing

Ratio Decidendi

On the evidence presented at the binding settlement conference the mother's relocation to Dalhousie was justified and primary care remains with the mother; the father's parenting time must be reduced from weekend or alternate-week schedules to protect the children's best interests given a 14 hour return commute, resulting in a concrete schedule (every third weekend with detailed holiday and summer block provisions); the competing property and access cost claims are offset in the circumstances so there will be no equalization payment and no reimbursement of access costs, subject to an agreed refinancing mechanism which provides the mother a minimum cash recovery and an immediate RRSP...

Court Disposition

Partial success for respondent on custody and mobility; specified parenting time and holiday schedule ordered; financial settlements directed as set out; reservation of jurisdiction for corollary relief and costs.

Orders

  • Parents have joint custody; mother has primary care of the two children and may reside in Dalhousie, New Brunswick
  • Father to have parenting time every third weekend: start Thursday after school (subject to school approval) until Sunday evening, with specified provisions for extended weekends, election rights, make-up weekends and holiday blocks as detailed in the decision