A.C. v. G.B.

A.C. v. G.B.

Applying Gordon v. Goertz and the PSA mobility factors, the court found the mother's relocation proposal met the material change threshold and that, on balance, relocation to Ontario with the primary caregiver was in the child's best interests because the child had lived primarily with the mother since birth, had strong attachments to the mother's household including a stepfather and sibling, the assessor's observations of the mother's household were limited, the parents demonstrated poor communication and cooperation, and the disruption of relocation was outweighed by continuity of the child's primary caregiving household; accordingly the court allowed relocation, retained joint custody,...

Citation
2019 NSSC 133
Parties
Applicant (mother): A.C.; Respondent (father): G.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 April 2019
Procedural Posture
Family Law Parenting/mobility / Trial Decision (final)
Outcome
Relocation allowed; joint custody retained; detailed parenting time schedule for father ordered; transportation and child support issues reserved for supplemental submissions; court retains jurisdiction and will review parenting time before June 2021.
Legal Topics
Relocation/mobility, Best Interests of the Child, Parenting Plan, Joint Custody, Access/contact, Assessor Report Weight
Source Language
English
Family Law Child Custody Mobility/relocation Child Support Relocation/mobility Best Interests of the Child Parenting Plan Joint Custody +2 more

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Parties

A.C.

Applicant (mother)

G.B.

Respondent (father)

Procedural Posture

Family Law Parenting/mobility / Trial Decision (final)

Legal Issues

  1. 1 Whether the child may relocate to Ontario with the mother
  2. 2 What parenting arrangement is in the child's best interests post-relocation
  3. 3 How to allocate parenting time between parents given relocation

Ratio Decidendi

Applying Gordon v. Goertz and the PSA mobility factors, the court found the mother's relocation proposal met the material change threshold and that, on balance, relocation to Ontario with the primary caregiver was in the child's best interests because the child had lived primarily with the mother since birth, had strong attachments to the mother's household including a stepfather and sibling, the assessor's observations of the mother's household were limited, the parents demonstrated poor communication and cooperation, and the disruption of relocation was outweighed by continuity of the child's primary caregiving household; accordingly the court allowed relocation, retained joint custody,...

Court Disposition

Relocation allowed; joint custody retained; detailed parenting time schedule for father ordered; transportation and child support issues reserved for supplemental submissions; court retains jurisdiction and will review parenting time before June 2021.

Orders

  • Permission granted for A.C. to relocate to Ontario with I.B.
  • Parents to retain joint custody; each to meaningfully consult on major decisions (health, education, religion); both entitled to information and to attend appointments and activities; no speaking negatively about the other in presence of child; communications to be respectful and child-focused.