M.E.E. v. T.R.E.

M.E.E. v. T.R.E.

On the evidence and parental capacity assessment the child’s best interests required awarding joint legal custody to both parents with primary day‑to‑day care to the mother (status quo, stability, involvement in activities, and psychological testing favour mother), an access schedule giving the father substantial contact, child support fixed at $170/month under the Guidelines, matrimonial assets/debts allocated per the agreement and findings, spousal support denied due to short duration of marriage and financial circumstances, and no costs awarded.

Citation
2002 NSSC 195
Parties
Petitioner: M. E. E.; Respondent: T. R. E.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 June 2002
Procedural Posture
Divorce / Family Law (custody, Access, Matrimonial Property) / Final Decision / Judgment
Outcome
Joint custody awarded to both parents with primary care to the mother; detailed access schedule ordered; child support ordered; spousal support denied; matrimonial properties and debts allocated as found; no costs awarded.
Legal Topics
Custody, Joint Custody, Primary Care, Access Schedule, Division of Matrimonial Assets, Allocation of Matrimonial Debts, Child Support Calculation, Spousal Support Denial, Parental Capacity Assessment, Best Interests of the Child
Source Language
English
Family Law Matrimonial Property Child Custody and Access Child Support Spousal Support Custody Joint Custody Primary Care +7 more

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Parties

M. E. E.

Petitioner

T. R. E.

Respondent

Procedural Posture

Divorce / Family Law (custody, Access, Matrimonial Property) / Final Decision / Judgment

Legal Issues

  1. 1 Whether contested assets and debts are matrimonial and how to divide them
  2. 2 Whether to award sole or joint custody and who should have primary care
  3. 3 Appropriate access schedule consistent with best interests of the child

Ratio Decidendi

On the evidence and parental capacity assessment the child’s best interests required awarding joint legal custody to both parents with primary day‑to‑day care to the mother (status quo, stability, involvement in activities, and psychological testing favour mother), an access schedule giving the father substantial contact, child support fixed at $170/month under the Guidelines, matrimonial assets/debts allocated per the agreement and findings, spousal support denied due to short duration of marriage and financial circumstances, and no costs awarded.

Court Disposition

Joint custody awarded to both parents with primary care to the mother; detailed access schedule ordered; child support ordered; spousal support denied; matrimonial properties and debts allocated as found; no costs awarded.

Orders

  • Parties agreed property arrangement: one spouse to obtain mortgage releases and place new mortgages on two real properties within 90 days of June 2002 otherwise properties to be offered for sale and surplus paid to Mr. E. after closing costs and encumbrances
  • Mr. E. responsible for M. & H. Hardware $190 and Shibinette $637 accounts as his sole obligations