Legere v. Cole

Legere v. Cole

The court found a material change in circumstances affecting the child but declined to grant sole custody or a 50/50 shared parenting order; instead it modified the existing parenting schedule (maintaining the weekly pattern but expanding father's holiday and summer time in specified blocks), ordered prospective child support of $495 per month commencing January 1, 2015, awarded retroactive child support at $546 per month effective March 2014 with a retroactive total to May 2015 of $7,935 (credit for any table amount paid), directed proportionate sharing of future section 7 expenses and child care costs, imposed restrictions and monitoring on grandparent contact while in father's care,...

Citation
2015 NSSC 148
Parties
Applicant (father): Phillip Legere; Respondent (mother): Jenny Cole
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 May 2015
Procedural Posture
Family Division Parenting and Child Support Variation / Final Decision
Outcome
Application for sole custody denied; application amended to shared parenting not granted; parenting schedule varied with specific expansion of holiday and summer time for father; prospective and retroactive child support ordered; orders on section 7 expense sharing, counselling, grandparent contact, tax...
Legal Topics
Shared Parenting, Parenting Schedule Variation, Retroactive Child Support, Section 7 Expenses, Grandparent Contact, Counselling, Corporal Punishment, Tax Dependency Claim
Source Language
English
Family Law Child Support Custody and Access Parental Responsibilities Child Protection Shared Parenting Parenting Schedule Variation Retroactive Child Support +5 more

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Parties

Phillip Legere

Applicant (father)

Jenny Cole

Respondent (mother)

Procedural Posture

Family Division Parenting and Child Support Variation / Final Decision

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of the parenting schedule
  2. 2 Whether sole or shared custody is appropriate
  3. 3 Whether retroactive child support should be awarded and the appropriate effective date and amount

Ratio Decidendi

The court found a material change in circumstances affecting the child but declined to grant sole custody or a 50/50 shared parenting order; instead it modified the existing parenting schedule (maintaining the weekly pattern but expanding father's holiday and summer time in specified blocks), ordered prospective child support of $495 per month commencing January 1, 2015, awarded retroactive child support at $546 per month effective March 2014 with a retroactive total to May 2015 of $7,935 (credit for any table amount paid), directed proportionate sharing of future section 7 expenses and child care costs, imposed restrictions and monitoring on grandparent contact while in father's care,...

Court Disposition

Application for sole custody denied; application amended to shared parenting not granted; parenting schedule varied with specific expansion of holiday and summer time for father; prospective and retroactive child support ordered; orders on section 7 expense sharing, counselling, grandparent contact, tax...

Orders

  • Sole custody denied; maintain existing weekly parenting pattern (approx. 5 overnights per 14‑day period, father ~35%, mother ~65%) with modifications: father may extend weekends to include Friday or Monday of long weekends/holidays; father entitled to one half of March break, one half of Easter (alternating years),...
  • Prospective child support: Applicant to pay $495 per month commencing January 1, 2015, payable on the 1st of each month through Maintenance Enforcement until further order.