Psink v. Psink

Psink v. Psink

The mother's application to relocate with the children to Middleton was denied because she failed to demonstrate a qualifying change in circumstances and the move would disrupt the children's established schooling, extracurricular activities and frequent meaningful contact with both parents; the best interests of the children require maintaining residence within the Dartmouth school system and continuation of the existing custody/access arrangements, with the consequence that if the mother nevertheless moves to Middleton the father would obtain primary care to preserve the children's stability and contact with both parents.

Citation
2011 NSSC 509
Parties
Petitioner (mother): Sheryl Psiuk; Respondent (father): Steven Psiuk
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 August 2011
Procedural Posture
Divorce/family Law — Variation of Custody and Relocation Application / Variation Hearing — Interlocutory/final Decision on Relocation and Custody Variation
Outcome
Application to vary custody to permit relocation of the children to Middleton denied; custody order otherwise maintained with requirements to preserve children's schooling in Dartmouth area.
Legal Topics
Relocation/mobility, Best Interests of the Child, Variation of Custody, Parenting Time/access, Child's Wishes, Education/schooling
Source Language
English
Family Law Child Custody Divorce Mobility/relocation Relocation/mobility Best Interests of the Child Variation of Custody Parenting Time/access +2 more

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Parties

Sheryl Psiuk

Petitioner (mother)

Steven Psiuk

Respondent (father)

Procedural Posture

Divorce/family Law — Variation of Custody and Relocation Application / Variation Hearing — Interlocutory/final Decision on Relocation and Custody Variation

Legal Issues

  1. 1 Whether the mother may relocate with the children to Middleton, NS
  2. 2 Whether there has been a change in circumstances warranting variation of the custody order
  3. 3 What arrangement is in the best interests of the children including schooling, extracurricular activities and parental contact

Ratio Decidendi

The mother's application to relocate with the children to Middleton was denied because she failed to demonstrate a qualifying change in circumstances and the move would disrupt the children's established schooling, extracurricular activities and frequent meaningful contact with both parents; the best interests of the children require maintaining residence within the Dartmouth school system and continuation of the existing custody/access arrangements, with the consequence that if the mother nevertheless moves to Middleton the father would obtain primary care to preserve the children's stability and contact with both parents.

Court Disposition

Application to vary custody to permit relocation of the children to Middleton denied; custody order otherwise maintained with requirements to preserve children's schooling in Dartmouth area.

Orders

  • Application by Sheryl Psiuk to move with the children to Middleton is denied.
  • The children shall be registered for school and reside within the boundaries of the Dartmouth school system feeding Prince Andrew or Dartmouth High School unless the parties expressly agree otherwise.