Nova Scotia (Community Services) v. M.W.

Nova Scotia (Community Services) v. M.W.

On credible and trustworthy evidence the father’s cumulative conduct — verbal abuse in the child’s presence, excessive and abusive texting contrary to a court order (including during parenting time), an abusive voicemail with the child audible, paranoid behaviors and denial of the child’s ASD diagnosis — established...

Source-derived case information.

Citation
2018 NSFC 16
Parties
Applicant: M.C.S.; Respondent: M.W.; Respondent: V.F.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
10 August 2018
Procedural Posture
Child Protection (children's and Family Services Act) / Interim Hearing (section 39)
Outcome
Application granted: court found reasonable and probable grounds that the child is in need of protective services; child to remain with mother under Minister supervision with conditions imposed
Legal Topics
Interim Hearing, Emotional Abuse, Access and Custody, Autism and Services, Parental Fitness
Source Language
english
Family Law Child Protection Interim Hearing Emotional Abuse Access and Custody Autism and Services Parental Fitness

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Parties

M.C.S.

Applicant

M.W.

Respondent

V.F.

Respondent

Procedural Posture

Child Protection (children's and Family Services Act) / Interim Hearing (section 39)

Legal Issues

  1. 1 Whether there are reasonable and probable grounds that the child is in need of protective services
  2. 2 Whether the father poses a substantial risk of physical or emotional harm to the child
  3. 3 Whether the father will accept and follow treatment/care plans for the child’s ASD

Ratio Decidendi

On credible and trustworthy evidence the father’s cumulative conduct — verbal abuse in the child’s presence, excessive and abusive texting contrary to a court order (including during parenting time), an abusive voicemail with the child audible, paranoid behaviors and denial of the child’s ASD diagnosis — established reasonable and probable grounds that the child is in need of protective services (substantial risk of physical harm and emotional abuse); accordingly the court ordered the child to remain with the mother under the Minister’s supervision with conditions including restricted/supervised access and mandatory services for the father.

Court Disposition

Application granted: court found reasonable and probable grounds that the child is in need of protective services; child to remain with mother under Minister supervision with conditions imposed

Orders

  • Child to remain in care and custody of the mother subject to supervision of the Minister of Community Services
  • Mother to cooperate with all reasonable requests, inquiries, directions and recommendations of Agency representatives