M.R. v. M.R.

M.R. v. M.R.

Maintain the status quo as least disruptive: grant joint custody with primary residence of the children with the mother, give the mother final decision-making authority for major issues after meaningful consultation because the parties cannot agree in a timely way, order week-about shared parenting for summer 2016 only, set interim child support at $570/month from June 1, 2016, and order the father to pay specified proportionate section 7 expenses pending full trial.

Citation
2016 NSSC 167
Parties
Applicant: M.R.; Respondent: M.R.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 June 2016
Procedural Posture
Divorce Interim Custody and Child Support Motion / Interim Hearing and Decision
Outcome
Interim order granted in part consistent with maintaining status quo and addressing short-term needs
Legal Topics
Interim Custody, Joint Custody, Parenting Time, Section 7 Expenses, Best Interests of the Child, Decision Making Authority
Source Language
English
Family Law Child Custody Child Support Divorce Interim Custody Joint Custody Parenting Time Section 7 Expenses +2 more

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Parties

M.R.

Applicant

M.R.

Respondent

Procedural Posture

Divorce Interim Custody and Child Support Motion / Interim Hearing and Decision

Legal Issues

  1. 1 Whether to order joint and shared custody or maintain status quo
  2. 2 Which parent should have final decision-making authority when parents disagree
  3. 3 Interim parenting schedule for summer 2016 and resumption at school

Ratio Decidendi

Maintain the status quo as least disruptive: grant joint custody with primary residence of the children with the mother, give the mother final decision-making authority for major issues after meaningful consultation because the parties cannot agree in a timely way, order week-about shared parenting for summer 2016 only, set interim child support at $570/month from June 1, 2016, and order the father to pay specified proportionate section 7 expenses pending full trial.

Court Disposition

Interim order granted in part consistent with maintaining status quo and addressing short-term needs

Orders

  • Parties awarded joint custody of the children
  • Children to reside primarily with the Mother in the matrimonial home