M.L. v. J.B.

M.L. v. J.B.

M.L. met the burden that continued supervised parenting time is in the children's best interests because J.B. has a history of significant alcohol misuse and family violence, continues to consume alcohol contrary to interim orders, has not completed programs or shown sufficient insight into the impact of his conduct, and those risks outweigh benefits of unsupervised contact; supervision will continue until completion of specified therapeutic programs and required abstinence conditions are satisfied.

Citation
2024 NSSC 272
Parties
Applicant: M.L.; Respondent: J.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 September 2024
Procedural Posture
Family Law Parenting Dispute Under the Parenting and Support Act / Decision After Final Hearing
Outcome
J.B.'s parenting time remains supervised pending completion of court‑ordered programs and compliance with abstinence conditions.
Legal Topics
Supervised Parenting, Best Interests of the Child, Parenting Time Restrictions, Family Violence Assessment, Alcohol Misuse Treatment Conditions
Source Language
English
Family Law Child Protection Domestic Violence Substance Abuse Supervised Parenting Best Interests of the Child Parenting Time Restrictions Family Violence Assessment +1 more

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Parties

M.L.

Applicant

J.B.

Respondent

Procedural Posture

Family Law Parenting Dispute Under the Parenting and Support Act / Decision After Final Hearing

Legal Issues

  1. 1 Whether J.B.'s parenting time should remain supervised
  2. 2 Effect of family violence and alcohol misuse on the children's best interests
  3. 3 Whether rehabilitation/abstinence steps taken by J.B. mitigate risk such that supervision can be lifted

Ratio Decidendi

M.L. met the burden that continued supervised parenting time is in the children's best interests because J.B. has a history of significant alcohol misuse and family violence, continues to consume alcohol contrary to interim orders, has not completed programs or shown sufficient insight into the impact of his conduct, and those risks outweigh benefits of unsupervised contact; supervision will continue until completion of specified therapeutic programs and required abstinence conditions are satisfied.

Court Disposition

J.B.'s parenting time remains supervised pending completion of court‑ordered programs and compliance with abstinence conditions.

Orders

  • Parenting time to continue to be supervised by one of J.B.'s parents, his sister, or a mutually agreed third party until further review.
  • J.B. must complete a therapeutic program addressing family violence with objectives to understand family violence, healthy relationships, impact on children, anger and anxiety management, and identification of triggers; supervision will not be lifted until completion of such a program subsequent to this decision.