Taylor v. Wanless

Taylor v. Wanless

The relocation application was dismissed because the mother failed to prove the move was in the children’s best interests: the move would significantly reduce the children’s face-to-face contact with their father, offered no demonstrated financial or medical advantage, and would disrupt the children’s established family and community ties in Halifax; consequently parents remain joint custodians, a detailed parenting schedule was ordered, and child maintenance set based on the father's EI income.

Citation
2009 NSSC 267
Parties
Petitioner: Alexandra May Taylor; Respondent: Martin Gregory Wanless
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 September 2009
Procedural Posture
Family Law Mobility and Custody / Hearing/decision (trial Heard August 17 20, 2009; Decision September 3, 2009)
Outcome
Mobility application dismissed; parents to remain joint custodians; parenting schedule, child maintenance and ancillary orders made; costs denied to applicant.
Legal Topics
Mobility Application, Best Interests of the Child, Joint Custody Vs Sole Custody, Parenting Schedule and Access, Application of Child Maintenance Guidelines
Source Language
English
Family Law Child Custody Mobility/relocation Child Support/maintenance Parenting Orders Mobility Application Best Interests of the Child Joint Custody Vs Sole Custody +2 more

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Parties

Alexandra May Taylor

Petitioner

Martin Gregory Wanless

Respondent

Procedural Posture

Family Law Mobility and Custody / Hearing/decision (trial Heard August 17 20, 2009; Decision September 3, 2009)

Legal Issues

  1. 1 Whether the mother may relocate the children to Victoria (mobility)
  2. 2 Whether the mother should be awarded sole custody
  3. 3 What parenting schedule should be ordered if children remain in Halifax

Ratio Decidendi

The relocation application was dismissed because the mother failed to prove the move was in the children’s best interests: the move would significantly reduce the children’s face-to-face contact with their father, offered no demonstrated financial or medical advantage, and would disrupt the children’s established family and community ties in Halifax; consequently parents remain joint custodians, a detailed parenting schedule was ordered, and child maintenance set based on the father's EI income.

Court Disposition

Mobility application dismissed; parents to remain joint custodians; parenting schedule, child maintenance and ancillary orders made; costs denied to applicant.

Orders

  • Applicant's relocation/mobility application dismissed
  • Parents shall continue as joint custodians and shall consult on major decisions relating to health, education and child-care