R.B.N. v. M.J.N.

R.B.N. v. M.J.N.

The court declined to order the return of the children to Nova Scotia but, exercising its authority under the Divorce Act to vary custody by imposing conditions, granted unsupervised block access with detailed timing and logistics, ordered the mother to pay all transportation costs for block access in Nova Scotia,...

Source-derived case information.

Citation
2002 NSSF 52
Parties
Petitioner: R.B.N.; Respondent: M.J.N.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 December 2002
Procedural Posture
Family Law Divorce/custody (mobility) / Post Hearing Addendum (decision Issued; Notice of Appeal Filed)
Outcome
Father's application for return denied; father's access variation granted in part; unsupervised block access and cost orders made; special Christmas 2002 arrangement ordered; appeal pending.
Legal Topics
Custody Variation, Access (visitation), Block Access, Relocation/mobility, Access Cost Allocation, Undue Hardship, Disclosure of Medical Information
Source Language
english
Family Law Child Custody Divorce Law Mobility/relocation Costs Custody Variation Access (visitation) Block Access +4 more

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Parties

R.B.N.

Petitioner

M.J.N.

Respondent

Procedural Posture

Family Law Divorce/custody (mobility) / Post Hearing Addendum (decision Issued; Notice of Appeal Filed)

Legal Issues

  1. 1 Whether to order return of children to Nova Scotia
  2. 2 Whether court can impose residency conditions as variation of custody
  3. 3 Appropriate access arrangements given long-distance relocation (block access)

Ratio Decidendi

The court declined to order the return of the children to Nova Scotia but, exercising its authority under the Divorce Act to vary custody by imposing conditions, granted unsupervised block access with detailed timing and logistics, ordered the mother to pay all transportation costs for block access in Nova Scotia, preserved the father's telephone and medical-authority rights during access, included a six-month condition regarding the father's relationship with D.R., and awarded costs to the father of $750 CAD; the mother's nondisclosure of medical information undermined her position.

Court Disposition

Father's application for return denied; father's access variation granted in part; unsupervised block access and cost orders made; special Christmas 2002 arrangement ordered; appeal pending.

Orders

  • Father granted unsupervised block access; three periods per year (spring two-week period as defined, four weeks in summer, and Christmas period as specified)
  • Christmas recurring entitlement: thereafter father to have both children from 4:00 p.m. on December 21 to 10:00 a.m. on December 30 each year