Hammond v. Nelson

Hammond v. Nelson

Equal shared parenting was refused because, applying the paramount consideration of the child's best interests, the child is very young, the parents live at a distance, their communication and cooperation history is imperfect (including unilateral decisions and distressing communications), and stability for the child favors primary residence with the mother; accordingly the court ordered joint custody with primary residence to the Respondent, a detailed two‑week rotating parenting schedule for the Applicant, and child maintenance payable by the Applicant.

Citation
2012 NSSC 27
Parties
Applicant: Patrick Hammond; Respondent: Alexandra Nelson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 January 2012
Procedural Posture
Maintenance and Custody Application (family Division) / Final Decision/judgment
Outcome
Joint custody granted; child to reside primarily with Respondent; detailed two‑week parenting schedule for Applicant adopted; Applicant ordered to pay child maintenance and daycare share.
Legal Topics
Shared Parenting, Joint Custody, Parenting Time, Child Maintenance, Best Interests of the Child, Parenting Schedule
Source Language
English
Family Law Child Custody Child Support Shared Parenting Joint Custody Parenting Time Child Maintenance Best Interests of the Child +1 more

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Parties

Patrick Hammond

Applicant

Alexandra Nelson

Respondent

Procedural Posture

Maintenance and Custody Application (family Division) / Final Decision/judgment

Legal Issues

  1. 1 Whether an equal shared parenting arrangement should be ordered or the child should continue to reside primarily with the Respondent
  2. 2 What child maintenance and expense sharing orders are appropriate given the parenting arrangement

Ratio Decidendi

Equal shared parenting was refused because, applying the paramount consideration of the child's best interests, the child is very young, the parents live at a distance, their communication and cooperation history is imperfect (including unilateral decisions and distressing communications), and stability for the child favors primary residence with the mother; accordingly the court ordered joint custody with primary residence to the Respondent, a detailed two‑week rotating parenting schedule for the Applicant, and child maintenance payable by the Applicant.

Court Disposition

Joint custody granted; child to reside primarily with Respondent; detailed two‑week parenting schedule for Applicant adopted; Applicant ordered to pay child maintenance and daycare share.

Orders

  • Parties granted joint custody of Paige Jessica Hammond Nelson
  • Paige to reside primarily with Respondent, Alexandra Nelson