Smith v. Smtih

Smith v. Smtih

Insufficient evidence of physical harm or risk to support supervised access; mother has obstructed access contrary to prior emergency order; in the child's best interests the father must be reintroduced to the infant and older child by an interim schedule, with shared transportation obligations, parental education,...

Source-derived case information.

Citation
2011 NSSC 40
Parties
Petitioner (father): Ernest "Michael" Smith; Respondent (mother): Shella Smith
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 February 2011
Procedural Posture
Divorce Interim Motion (family Law) / Interim Motion for Access and Interim Relief
Outcome
Interim relief granted: detailed interim parenting time schedule and conditions imposed; child support ordered and to be collected through Maintenance Enforcement; parental education and child‑proofing mandated.
Legal Topics
Parenting Time, Supervised Access, Transportation Obligations, Interim Relief, Maintenance Enforcement, Parent Education
Source Language
english
Family Law Child Custody and Access Child Support Domestic Relations Parenting Time Supervised Access Transportation Obligations Interim Relief +2 more

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Parties

Ernest "Michael" Smith

Petitioner (father)

Shella Smith

Respondent (mother)

Procedural Posture

Divorce Interim Motion (family Law) / Interim Motion for Access and Interim Relief

Legal Issues

  1. 1 Whether interim supervised access is required or whether unrestricted access can be reinstated and expanded
  2. 2 Whether the mother obstructed access and rearranged court orders
  3. 3 Responsibility for transportation for access and interpretation of prior emergency order

Ratio Decidendi

Insufficient evidence of physical harm or risk to support supervised access; mother has obstructed access contrary to prior emergency order; in the child's best interests the father must be reintroduced to the infant and older child by an interim schedule, with shared transportation obligations, parental education, child‑proofing of the father's residence, and payment of interim child support of $892/month through Maintenance Enforcement until further order.

Court Disposition

Interim relief granted: detailed interim parenting time schedule and conditions imposed; child support ordered and to be collected through Maintenance Enforcement; parental education and child‑proofing mandated.

Orders

  • Immediate interim parenting schedule as specified: commencing Feb 5, 2011 father entitled to both children Saturday noon; infant with father Saturday noon to 6:00 pm (mother picks up at 6:00 pm) and father retains oldest child overnight to Sunday 6:00 pm; Tuesdays and Thursdays weekly 4:30 pm to 7:30 pm; February...
  • Father may, for first six weeks, provide availability for daytime visits and may take the infant for up to three three‑hour daytime periods per week in addition to regular schedule; mother must have children ready for these visits and father must return the infant on time