AB v. MB

AB v. MB

On the facts the court found it was in the best interests of the three youngest children to remain with Ms. B during any of Mr. B's deployments longer than two days; ordered the three youngest to remain at École des Beau-Marais for certainty and stability; found family violence and poor communication justified assigning purchasing responsibility for specified child expenses to Ms. B with a fixed monthly contribution from Mr. B under s.9 of the Guidelines; ordered an exclusive communication channel between the parties; established limited, child-controlled monthly contact options for the oldest child; and found a material change in circumstances permitting variation of prior parenting orders.

Citation
2022 NSSC 388
Parties
Petitioner: A.B.; Respondent: M.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 November 2022
Procedural Posture
Divorce/family Law / Final Decision (supreme Court, Family Division)
Outcome
Divorce granted; corollary relief granted in part as specified
Legal Topics
Shared Parenting, Variation of Parenting Order, Material Change, Schooling of Children, Allocation of Child Related Expenses, Child Contact, Communication Orders
Source Language
English
Family Law Child Support Parenting Divorce Family Violence Shared Parenting Variation of Parenting Order Material Change +4 more

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Parties

A.B.

Petitioner

M.B.

Respondent

Procedural Posture

Divorce/family Law / Final Decision (supreme Court, Family Division)

Legal Issues

  1. 1 Parenting arrangement for three youngest children during father's deployments
  2. 2 Which school the three youngest children will attend
  3. 3 Allocation of costs for children's outerwear, school supplies, cellphones, and haircuts

Ratio Decidendi

On the facts the court found it was in the best interests of the three youngest children to remain with Ms. B during any of Mr. B's deployments longer than two days; ordered the three youngest to remain at École des Beau-Marais for certainty and stability; found family violence and poor communication justified assigning purchasing responsibility for specified child expenses to Ms. B with a fixed monthly contribution from Mr. B under s.9 of the Guidelines; ordered an exclusive communication channel between the parties; established limited, child-controlled monthly contact options for the oldest child; and found a material change in circumstances permitting variation of prior parenting orders.

Court Disposition

Divorce granted; corollary relief granted in part as specified

Orders

  • Divorce granted and Divorce Order to be endorsed on receipt of marriage certificate
  • During any of Mr. B’s deployments longer than two days the three youngest children shall remain with Ms. B