P.W. v. C.M.

P.W. v. C.M.

Given the high acrimony and inability of the parties to communicate, absence of credible evidence of ongoing domestic violence or alcohol addiction by P.W., and Dr. Landry's assessment, the court ordered a detailed parallel parenting regime to maximize the child's contact with both parents while minimizing conflict;...

Source-derived case information.

Citation
2017 NSSC 91
Parties
Applicant: P.W.; Respondent: C.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 April 2017
Procedural Posture
Family Law Child Custody and Support / Final Hearing/decision
Outcome
Court ordered parallel parenting with primary care to C.M. under a structured two-week rotation transitioning to specified overnight time; P.W. granted substantial parenting time but subject to specified exchanges, decision-making allocations and therapeutic requirements; child support and arrears calculated with...
Legal Topics
Parallel Parenting, Shared Custody, Sole Custody, Imputation of Income, Retroactive Child Support, Vaccination Dispute, Credibility Findings, Therapeutic Orders, Exchange Logistics
Source Language
english
Family Law Child Custody Child Support Medical Decision Making Parental Capacity Assessment Domestic Violence Substance Abuse Parallel Parenting +8 more

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Parties

P.W.

Applicant

C.M.

Respondent

Procedural Posture

Family Law Child Custody and Support / Final Hearing/decision

Legal Issues

  1. 1 Whether sole custody or parallel/shared custody is appropriate
  2. 2 Whether safety concerns (domestic violence or substance abuse) justify limiting parenting time
  3. 3 Whether $8,000 lump sum paid by father should be credited to child support arrears

Ratio Decidendi

Given the high acrimony and inability of the parties to communicate, absence of credible evidence of ongoing domestic violence or alcohol addiction by P.W., and Dr. Landry's assessment, the court ordered a detailed parallel parenting regime to maximize the child's contact with both parents while minimizing conflict; medical and religious decision-making were allocated to P.W. because C.M. demonstrated rigid, unscientific refusal to follow medical advice on vaccinations; child support was calculated using imputed combined income (employment and rental) after crediting a portion of the $8,000 lump sum toward child-support arrears.

Court Disposition

Court ordered parallel parenting with primary care to C.M. under a structured two-week rotation transitioning to specified overnight time; P.W. granted substantial parenting time but subject to specified exchanges, decision-making allocations and therapeutic requirements; child support and arrears calculated with...

Orders

  • Order of parallel parenting with a two-week rotating schedule: initial two-week daytime-only transition then rotate to overnight schedule (detailed start times and days as stated in judgment)
  • Primary care and primary residence to C.M.; routine day-to-day decision-making to each parent when child is in their care