MacArthur v. Gerrits

MacArthur v. Gerrits

The court applied Gordon v. Goertz, found a material change (mother’s relationship and relocation) and conducted a fresh best‑interests analysis; although both parents were highly capable and mother had been primary caregiver, the father had substantial parenting time since 2018, strong local supports and could better ensure maximum ongoing contact and minimize disruption. Weighing these factors, the child’s best interests required primary care to be awarded to the father with access to the mother per the negotiated schedule.

Citation
2020 NSSC 28
Parties
Applicant (father): Robert MacArthur; Respondent (mother): Johanna Gerrits
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 January 2020
Procedural Posture
Family Law Relocation and Custody Variation / Variation Proceeding Final Decision
Outcome
Variation granted in part: upon mother’s relocation to Barrie the child shall remain in Halifax in the primary care of the father; father awarded primary custody; mother granted parenting time per negotiated schedule.
Legal Topics
Relocation, Best Interests of the Child, Custodial Parent Designation, Material Change in Circumstances, Maximum Contact Principle
Source Language
English
Family Law Child Custody Relocation Best Interests of the Child Custodial Parent Designation Material Change in Circumstances Maximum Contact Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Robert MacArthur

Applicant (father)

Johanna Gerrits

Respondent (mother)

Procedural Posture

Family Law Relocation and Custody Variation / Variation Proceeding Final Decision

Legal Issues

  1. 1 applicable legal test for relocation
  2. 2 whether there was a material change in circumstances
  3. 3 which parent is the custodial parent whose views merit respect

Ratio Decidendi

The court applied Gordon v. Goertz, found a material change (mother’s relationship and relocation) and conducted a fresh best‑interests analysis; although both parents were highly capable and mother had been primary caregiver, the father had substantial parenting time since 2018, strong local supports and could better ensure maximum ongoing contact and minimize disruption. Weighing these factors, the child’s best interests required primary care to be awarded to the father with access to the mother per the negotiated schedule.

Court Disposition

Variation granted in part: upon mother’s relocation to Barrie the child shall remain in Halifax in the primary care of the father; father awarded primary custody; mother granted parenting time per negotiated schedule.

Orders

  • Simona shall remain in Halifax in the primary care of Robert MacArthur once Johanna Gerrits relocates to Barrie, Ontario
  • Parenting time for Johanna Gerrits to follow the parties’ negotiated schedule: long weekends, March break, Easter, half of December school break, six weeks in summer and reasonable access, including frequent telephone/video contact