Rutherford v. Rutherford

Rutherford v. Rutherford

On the best interests of the children and on the evidence and parenting assessment the court ordered shared custody for the nine‑year‑old (Matthew) on alternate weeks and rejected maintaining primary custody with the father where it would limit the child's contact with the mother; the DVA disability pension (including a post‑separation lump sum for pre‑separation entitlement) is excluded from division under Matrimonial Property Act principles and caselaw; the court valued assets and debts, awarded an equalization payment of $2,589 to the wife after adjustments, ordered financial protections (indemnity regarding vehicle security), provided interim compensation of $480/month to the wife for...

Citation
2004 NSSC 148
Parties
Petitioner: Mark Rutherford; Respondent: Sherri Rutherford
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 July 2004
Procedural Posture
Divorce / Trial/judgment
Outcome
Judgment for petitioner in part and respondent in part: shared custody for Matthew; Tara remains with father (with counselling refused); specified asset valuations and debts allocated; DVA disability pension excluded from division; equalization payment and ongoing payments ordered; spousal support ordered subject to...
Legal Topics
Shared Custody, Parenting Assessment, Valuation of Matrimonial Assets, Exclusion of Disability Pension, Pension Division Under Pension Benefits Division Act, Equalization Payment, Spousal Support Quantum and Review, Child Support Deviation From Guidelines
Source Language
English
Family Law Matrimonial Property Child Custody Spousal Support Child Support Pension Law Shared Custody Parenting Assessment +6 more

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Parties

Mark Rutherford

Petitioner

Sherri Rutherford

Respondent

Procedural Posture

Divorce / Trial/judgment

Legal Issues

  1. 1 Parenting and custody of two children (shared custody of Matthew; refusal of Tara to engage)
  2. 2 Division and valuation of matrimonial property including military pension, pre-marriage pension entitlement, post-military pension, RSP and household contents
  3. 3 Treatment of DVA disability pension as excluded from matrimonial property

Ratio Decidendi

On the best interests of the children and on the evidence and parenting assessment the court ordered shared custody for the nine‑year‑old (Matthew) on alternate weeks and rejected maintaining primary custody with the father where it would limit the child's contact with the mother; the DVA disability pension (including a post‑separation lump sum for pre‑separation entitlement) is excluded from division under Matrimonial Property Act principles and caselaw; the court valued assets and debts, awarded an equalization payment of $2,589 to the wife after adjustments, ordered financial protections (indemnity regarding vehicle security), provided interim compensation of $480/month to the wife for...

Court Disposition

Judgment for petitioner in part and respondent in part: shared custody for Matthew; Tara remains with father (with counselling refused); specified asset valuations and debts allocated; DVA disability pension excluded from division; equalization payment and ongoing payments ordered; spousal support ordered subject to...

Orders

  • Matthew to be in shared custody on alternate weeks with changeovers Sundays at 5:00 p.m.
  • Neither parent shall speak negatively of the other to the children.