S.S. v D.W.

S.S. v D.W.

On an interim application the court must maintain the child's status quo unless clear evidence shows otherwise; the father was found more credible, the mother's allegations were unsubstantiated or inconclusive and she demonstrated lack of willingness to support the father's relationship with the child; occasional spanking and a single incident of physical control did not amount to a risk sufficient to displace the status quo; accordingly the child was returned to the father's primary care on a graduated basis and joint custody ordered as being in the child's best interests pending final hearing.

Citation
2018 NSFC 15
Parties
Applicant: S.S.; Respondent: D.W.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
2 August 2018
Procedural Posture
Family Law Custody/parenting Under Parenting and Support Act / Interim Decision
Outcome
Interim order: child returned to father's primary care; joint custody awarded; specified interim parenting time and conduct restrictions
Legal Topics
Custody, Parenting Time, Interim Relief, Family Violence, Jurisdiction
Source Language
English
Family Law Child Custody Child Protection Support Custody Parenting Time Interim Relief Family Violence +1 more

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Parties

S.S.

Applicant

D.W.

Respondent

Procedural Posture

Family Law Custody/parenting Under Parenting and Support Act / Interim Decision

Legal Issues

  1. 1 Whether child should remain with mother or be returned to father on an interim basis
  2. 2 Appropriate interim parenting time schedule
  3. 3 Assessment of allegations of family violence and their impact on interim custody

Ratio Decidendi

On an interim application the court must maintain the child's status quo unless clear evidence shows otherwise; the father was found more credible, the mother's allegations were unsubstantiated or inconclusive and she demonstrated lack of willingness to support the father's relationship with the child; occasional spanking and a single incident of physical control did not amount to a risk sufficient to displace the status quo; accordingly the child was returned to the father's primary care on a graduated basis and joint custody ordered as being in the child's best interests pending final hearing.

Court Disposition

Interim order: child returned to father's primary care; joint custody awarded; specified interim parenting time and conduct restrictions

Orders

  • Order of joint custody of the child
  • Child to be returned to father's primary care on a graduated basis: for two weeks father to take care of child when able in Pictou County then after two weeks child to be returned to father's primary care and he may relocate child to Greenwood, Nova Scotia and register her for school in Greenwood