M.O. v. J.W.

M.O. v. J.W.

Court granted leave to the Applicant to apply regarding C.M. and ordered joint custody of the children with the Applicant having primary care four days per week and the Respondent three days per week, imposed conditions including no alcohol/non-prescription drug use while caring for children, parenting courses, drug...

Source-derived case information.

Citation
2011 NSFC 12
Parties
Applicant: M.O.; Respondent: J.W.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
31 May 2011
Procedural Posture
Family Custody and Parental Relocation Application / Final Written Decision (may 31, 2011)
Outcome
Leave to apply regarding C.M. granted; joint custody ordered with Applicant primary caregiver four days/week and Respondent three days/week; Respondent's relocation to British Columbia denied; conditions of custody and review hearing imposed.
Legal Topics
Joint Custody, Primary Care, Parenting Time, Leave to Apply for Non Biological Child, Best Interests of the Child, Credibility Assessment, Conditions of Custody, Drug and Alcohol Assessment, Parenting Courses, Jurisdictional Non Removal Clause
Source Language
english
Family Law Child Custody Parental Relocation Third Party Leave Applications Joint Custody Primary Care Parenting Time Leave to Apply for Non Biological Child +6 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

M.O.

Applicant

J.W.

Respondent

Procedural Posture

Family Custody and Parental Relocation Application / Final Written Decision (may 31, 2011)

Legal Issues

  1. 1 Whether leave should be granted to the Applicant to apply for custody/parenting time with non-biological child C.M.
  2. 2 What custody arrangement best serves the children’s best interests
  3. 3 Whether the Respondent should be permitted to relocate the children to British Columbia

Ratio Decidendi

Court granted leave to the Applicant to apply regarding C.M. and ordered joint custody of the children with the Applicant having primary care four days per week and the Respondent three days per week, imposed conditions including no alcohol/non-prescription drug use while caring for children, parenting courses, drug and alcohol assessments, counselling, communication notebook, Applicant to pay child support per Guidelines, denied the Respondent's proposed relocation to British Columbia and ordered the children remain in Nova Scotia; review scheduled December 12, 2011.

Court Disposition

Leave to apply regarding C.M. granted; joint custody ordered with Applicant primary caregiver four days/week and Respondent three days/week; Respondent's relocation to British Columbia denied; conditions of custody and review hearing imposed.

Orders

  • Leave granted to Applicant to apply in respect of non-biological child C.M.
  • Joint custody awarded to the parties