D.M.M. v. T.C.M.

D.M.M. v. T.C.M.

Court found a material change occurred but, applying the Gordon v. Goertz factors and weighing children’s strong community, school and extended family ties and the disruption a move would cause, concluded it was in the children’s best interests to remain in New Glasgow; father's proposed plan was adopted as it preserves community continuity and provides liberal access to mother.

Citation
2011 NSSC 261
Parties
Applicant/respondent: D.M.M.; Respondent/petitioner: T.C.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 June 2011
Procedural Posture
Family Law Corollary Relief (mobility) / Application Hearing Oral Decision
Outcome
Application to relocate denied; children to remain in New Glasgow; father's parenting plan adopted; court retains jurisdiction; each party to pay their own costs; leave to bring a further hearing on child support arrears/adjustments if parties cannot agree.
Legal Topics
Mobility Application, Best Interests of the Child, Material Change in Circumstances, Set Off Child Support
Source Language
English
Family Law Child Custody Child Support Mobility/relocation Mobility Application Best Interests of the Child Material Change in Circumstances Set Off Child Support

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Parties

D.M.M.

Applicant/respondent

T.C.M.

Respondent/petitioner

Procedural Posture

Family Law Corollary Relief (mobility) / Application Hearing Oral Decision

Legal Issues

  1. 1 Whether the proposed relocation of the children to Fall River constitutes a material change in circumstances
  2. 2 Whether relocation is in the best interests of the children under Gordon v. Goertz factors
  3. 3 Determination of appropriate child support adjustments and arrears given changed incomes and a typographical error in the Corollary Relief Judgment

Ratio Decidendi

Court found a material change occurred but, applying the Gordon v. Goertz factors and weighing children’s strong community, school and extended family ties and the disruption a move would cause, concluded it was in the children’s best interests to remain in New Glasgow; father's proposed plan was adopted as it preserves community continuity and provides liberal access to mother.

Court Disposition

Application to relocate denied; children to remain in New Glasgow; father's parenting plan adopted; court retains jurisdiction; each party to pay their own costs; leave to bring a further hearing on child support arrears/adjustments if parties cannot agree.

Orders

  • Relocation of the two younger children to Fall River is denied; children shall remain resident in New Glasgow.
  • Father’s proposed parenting/access plan accepted; parties to work out liberal access provisions consistent with options offered by father; court retains jurisdiction if parties cannot agree.