J.M.H. v. T.J.A.

J.M.H. v. T.J.A.

A material change in circumstances since 2005 was established (parental conflict, step‑parent involvement, child welfare investigations, and wishes reports) but the evidence did not establish abuse sufficient to justify awarding sole custody to either parent; maintaining joint custody with shared weekly parenting was held to be in the children's best interests; child support was ordered under the Guidelines based on found incomes.

Citation
2012 NSSC 103
Parties
Petitioner: J. M. H.; Respondent: T. J. A.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 March 2012
Procedural Posture
Divorce Act Application (custody and Child Support) / Final Hearing and Judgment (post Trial)
Outcome
Application to vary custody to sole custody dismissed; existing joint custody and weekly shared parenting maintained; child support ordered.
Legal Topics
Variation of Custody Order, Shared Parenting, Wishes of the Child, Application of Federal Child Support Guidelines, Material Change of Circumstances, Weight of Children's Views
Source Language
English
Family Law Child Custody Child Support Divorce Child Protection Variation of Custody Order Shared Parenting Wishes of the Child +3 more

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Parties

J. M. H.

Petitioner

T. J. A.

Respondent

Procedural Posture

Divorce Act Application (custody and Child Support) / Final Hearing and Judgment (post Trial)

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the 2005 corollary relief judgment
  2. 2 Whether sole custody should be awarded to the mother or alternatively to the father
  3. 3 What parenting time arrangement is in the best interests of the children

Ratio Decidendi

A material change in circumstances since 2005 was established (parental conflict, step‑parent involvement, child welfare investigations, and wishes reports) but the evidence did not establish abuse sufficient to justify awarding sole custody to either parent; maintaining joint custody with shared weekly parenting was held to be in the children's best interests; child support was ordered under the Guidelines based on found incomes.

Court Disposition

Application to vary custody to sole custody dismissed; existing joint custody and weekly shared parenting maintained; child support ordered.

Orders

  • Existing joint custody and shared weekly parenting arrangement to continue as set out in the 2005 Corollary Relief Judgment
  • Respondent T. J. A. to pay child support to Petitioner J. M. H. in the amount of $591.00 per month beginning May 1, 2012