J.E.N. v. M.J.S.N.

J.E.N. v. M.J.S.N.

The court found joint custody inappropriate because parental conflict prevented cooperative decision-making; awarded sole custody to mother with a strictly structured access schedule to minimize contact; imputed the father's annual income at $113,000 due to inadequate disclosure and used the tables to set child support at $939 monthly effective December 1, 2017; apportioned specified after-tax special expenses with the father paying 60%; denied administrative recalculation because income was judicially imputed; refused to consider the wife's late-raised fundamental breach claim for the separation agreement for reasons of procedural fairness and prejudice to the husband; and declined to...

Citation
2017 NSSC 314
Parties
Petitioner: J.E.N.; Respondent: M.J.S.N.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 December 2017
Procedural Posture
Divorce (family Law) / Trial Judgment
Outcome
Divorce granted; mother's change of surname granted; custody to mother (sole custody); specific parenting time and strict access schedule ordered; child support assessed with father's income imputed and special expenses apportioned; administrative recalculation denied; wife's fundamental breach claim not addressed...
Legal Topics
Joint Custody, Sole Custody, Parenting Time/access Schedule, Child Support Imputed Income, Special or Extraordinary Expenses, Administrative Recalculation Eligibility, Separation Agreement Fundamental Breach, Disclosure/non Disclosure, Maintenance Enforcement, Passport/travel Consent, Procedural Fairness and Amendment of Pleadings
Source Language
English
Family Law Child Custody Child Support Matrimonial Property Contract Law Administrative Law Criminal Law (jurisdictional Reference) International Travel/passport +11 more

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Parties

J.E.N.

Petitioner

M.J.S.N.

Respondent

Procedural Posture

Divorce (family Law) / Trial Judgment

Legal Issues

  1. 1 Whether joint custody is in the child's best interests given parental conflict
  2. 2 What access schedule suits the child's interests given father's work travel
  3. 3 Whether mother may obtain passport and travel with child without father's consent or notice

Ratio Decidendi

The court found joint custody inappropriate because parental conflict prevented cooperative decision-making; awarded sole custody to mother with a strictly structured access schedule to minimize contact; imputed the father's annual income at $113,000 due to inadequate disclosure and used the tables to set child support at $939 monthly effective December 1, 2017; apportioned specified after-tax special expenses with the father paying 60%; denied administrative recalculation because income was judicially imputed; refused to consider the wife's late-raised fundamental breach claim for the separation agreement for reasons of procedural fairness and prejudice to the husband; and declined to...

Court Disposition

Divorce granted; mother's change of surname granted; custody to mother (sole custody); specific parenting time and strict access schedule ordered; child support assessed with father's income imputed and special expenses apportioned; administrative recalculation denied; wife's fundamental breach claim not addressed...

Orders

  • Divorce granted and wife's request for surname change granted.
  • Mother awarded sole custody of the child.