Dando v. Dando

Dando v. Dando

Divorce granted; sole custody awarded to mother as being in the children's best interests given her status as primary caregiver, the lack of current parental cooperation precluding joint custody, and the father's access rights preserved; child support set using an imputed respondent income of $32,000 producing...

Source-derived case information.

Citation
2003 NSSF 18
Parties
Petitioner: Leslie Ann Dando; Respondent: Sheldon Leigh Dando
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 February 2002
Procedural Posture
Divorce / Final Judgment (decision Resolving Custody, Access, Maintenance, Property Division)
Outcome
Divorce granted; name change to Coleman granted; custody to mother; liberal access to father; child support and spousal support ordered; s.7 claim dismissed; equal division of assets with cash payment from petitioner to respondent
Legal Topics
Custody and Access, Income Imputation for Child Support, Section 7 Expenses, Spousal Support Entitlement and Quantum, Equalization of Matrimonial Assets, Name Change
Source Language
english
Family Law Divorce Child Custody Spousal Support Property Division Child Support Custody and Access Income Imputation for Child Support +4 more

Source-derived case record

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Parties

Leslie Ann Dando

Petitioner

Sheldon Leigh Dando

Respondent

Procedural Posture

Divorce / Final Judgment (decision Resolving Custody, Access, Maintenance, Property Division)

Legal Issues

  1. 1 whether joint custody or sole maternal custody is in children's best interests
  2. 2 appropriate access schedule for father
  3. 3 proper income to use for child support guidelines and whether to impute income

Ratio Decidendi

Divorce granted; sole custody awarded to mother as being in the children's best interests given her status as primary caregiver, the lack of current parental cooperation precluding joint custody, and the father's access rights preserved; child support set using an imputed respondent income of $32,000 producing $606/month; the s.7 claim for extracurricular activities was rejected as not exceptional; spousal support awarded at $150/month given the applicant's economic disadvantage from having left employment to care for children; matrimonial assets divided equally with detailed adjustments (home valuation less disposition costs, mortgage at separation, assumed debt allocation, RRSP...

Court Disposition

Divorce granted; name change to Coleman granted; custody to mother; liberal access to father; child support and spousal support ordered; s.7 claim dismissed; equal division of assets with cash payment from petitioner to respondent

Orders

  • Divorce granted
  • Petitioner permitted to resume maiden name Coleman