J.F. v. K.H.

J.F. v. K.H.

Given the sustained high conflict between the parents, the father’s demonstrated inability or unwillingness to communicate and cooperate, his dependence on and influence by extended family, incomplete financial disclosure and unsettled support payments, the court concluded joint custody would not be workable and awarded sole custody, care and control to the mother; the court also fixed ongoing child support, required insurance and proportional sharing of uninsured medical costs, mandated compliance with medical/hearing specialists regarding hearing-aid use, exchange of contact information, annual income disclosure and enforcement through MEP.

Citation
2011 NSFC 25
Parties
Applicant (mother): J.F.; Respondent (father): K.H.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
3 November 2011
Procedural Posture
Family Court — Maintenance and Custody Act (custody, Access, Child Support) / Decision After Hearing (trial/decision)
Outcome
Sole custody, care and control awarded to the mother (J.F.); child support and ancillary orders made in favour of the mother
Legal Topics
Sole Custody Vs Joint Custody, Access Schedule and Supervision, Child Support Calculation and Arrears, Medical Decision Making and Special Medical Expenses, Financial Disclosure, Enforcement Under Maintenance Enforcement Act, Use and Compliance With Hearing Aids
Source Language
English
Family Law Child Support Custody and Access Maintenance Enforcement Child Protection Sole Custody Vs Joint Custody Access Schedule and Supervision Child Support Calculation and Arrears +4 more

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Parties

J.F.

Applicant (mother)

K.H.

Respondent (father)

Procedural Posture

Family Court — Maintenance and Custody Act (custody, Access, Child Support) / Decision After Hearing (trial/decision)

Legal Issues

  1. 1 Whether joint or sole custody is appropriate given high parental conflict and influence of extended family
  2. 2 Whether father must comply with disclosure and pay child support and arrears under the Child Maintenance Guidelines
  3. 3 Whether father must obtain and maintain group insurance for the child and share uninsured medical costs

Ratio Decidendi

Given the sustained high conflict between the parents, the father’s demonstrated inability or unwillingness to communicate and cooperate, his dependence on and influence by extended family, incomplete financial disclosure and unsettled support payments, the court concluded joint custody would not be workable and awarded sole custody, care and control to the mother; the court also fixed ongoing child support, required insurance and proportional sharing of uninsured medical costs, mandated compliance with medical/hearing specialists regarding hearing-aid use, exchange of contact information, annual income disclosure and enforcement through MEP.

Court Disposition

Sole custody, care and control awarded to the mother (J.F.); child support and ancillary orders made in favour of the mother

Orders

  • Sole custody, care and control of the child A. awarded to J.F.
  • K.H. to pay ongoing child support at the rate of CAD 144 monthly effective November 1, 2011 and on the first day of each month thereafter.