Milton v. Spurvey

Milton v. Spurvey

The court granted joint custody, awarded primary care and the child's residence to Ashley Spurvey in Edmonton, permitted the relocation, and imposed a detailed parenting time schedule and information‑sharing and relocation notice obligations; direct contact between the parents is limited by Mr. Milton's probation no‑contact order until it is varied or expires, with interim communication mechanisms (counsel, third‑party facilitator, Skype, family sharing website) to preserve the father's relationship with the child.

Citation
2015 NSSC 407
Parties
Father/respondent: Sharles Milton; Mother/applicant: Ashley Spurvey
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 September 2015
Procedural Posture
Family Law Custody and Access / Endorsement/decision (supreme Court of Nova Scotia, Family Division)
Outcome
Joint custody awarded; Ashley Spurvey granted primary care and the child's residence in Edmonton, Alberta; detailed access/parenting time schedule and information‑sharing and relocation notice orders issued; direct parental contact limited by existing probation no‑contact order until varied or expired.
Legal Topics
Relocation, Primary Residence, Joint Custody, Access Schedule, Information Sharing
Source Language
English
Family Law Child Custody Access/parenting Time Mobility/relocation Probation/no‑contact Orders Relocation Primary Residence Joint Custody +2 more

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Parties

Sharles Milton

Father/respondent

Ashley Spurvey

Mother/applicant

Procedural Posture

Family Law Custody and Access / Endorsement/decision (supreme Court of Nova Scotia, Family Division)

Legal Issues

  1. 1 Whether the mother may relocate to Edmonton with the child
  2. 2 Effect of the father's criminal probation no‑contact order on parenting time and contact
  3. 3 Allocation of custody and primary residence

Ratio Decidendi

The court granted joint custody, awarded primary care and the child's residence to Ashley Spurvey in Edmonton, permitted the relocation, and imposed a detailed parenting time schedule and information‑sharing and relocation notice obligations; direct contact between the parents is limited by Mr. Milton's probation no‑contact order until it is varied or expires, with interim communication mechanisms (counsel, third‑party facilitator, Skype, family sharing website) to preserve the father's relationship with the child.

Court Disposition

Joint custody awarded; Ashley Spurvey granted primary care and the child's residence in Edmonton, Alberta; detailed access/parenting time schedule and information‑sharing and relocation notice orders issued; direct parental contact limited by existing probation no‑contact order until varied or expired.

Orders

  • Parents have joint custody; Ashley Spurvey is primary caregiver and the child's residence is Edmonton, Alberta.
  • Mr. Milton remains subject to the existing probation no‑contact condition with respect to Ms. Spurvey; until that condition is varied or expires he may not have direct or indirect contact with Ms. Spurvey except through legal counsel or court‑approved intermediaries.