R.T.F. v. S.L.R.

R.T.F. v. S.L.R.

Supervised access was necessary and appropriate because there was no reliable evidence of sexual abuse of M or R, Family and Children’s Services did not oppose supervised access, an experienced supervisor (Nicole Evans) was proposed and approved by the agency, the children had a prior beneficial relationship with...

Source-derived case information.

Citation
2005 NSSC 102
Parties
Applicant: R.T.F.; Respondent: S.L.R.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 May 2005
Procedural Posture
Family Law Custody/access / Application for Supervised Access (interim Order)
Outcome
supervised access granted
Legal Topics
Supervised Access, Custody, Best Interests of the Child, Recognizance Variation, Access Supervision
Source Language
english
Family Law Child Welfare Criminal Law (related) Supervised Access Custody Best Interests of the Child Recognizance Variation Access Supervision

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Parties

R.T.F.

Applicant

S.L.R.

Respondent

Procedural Posture

Family Law Custody/access / Application for Supervised Access (interim Order)

Legal Issues

  1. 1 Whether supervised access is appropriate pending criminal proceedings
  2. 2 Whether supervised access would expose children M and R to risk of sexual impropriety
  3. 3 Whether proposed supervisor is adequate

Ratio Decidendi

Supervised access was necessary and appropriate because there was no reliable evidence of sexual abuse of M or R, Family and Children’s Services did not oppose supervised access, an experienced supervisor (Nicole Evans) was proposed and approved by the agency, the children had a prior beneficial relationship with the father, and supervised access appropriately balances the children's best interests by protecting them while preserving parental contact pending resolution of criminal charges.

Court Disposition

supervised access granted

Orders

  • Supervised access granted to R.T.F.
  • R.T.F. shall have one three-hour supervised access visit each week, scheduled with Nicole Evans and limited so as not to interfere with school attendance