Ryan v. Ryan

Ryan v. Ryan

Both parents capable of parenting but unable to cooperate; best interests and statutory factors required sole custody to be awarded to respondent Theodore Ryan based on his demonstrated willingness to facilitate access, stable residence and caregiving arrangements; the March 31, 1992 agreement was a binding marriage...

Source-derived case information.

Citation
2001 NSSF 22
Parties
Petitioner: Joanne Helen Ryan; Respondent: Theodore Augustine Ryan
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 June 2001
Procedural Posture
Divorce/family Law / Trial/decision (supreme Court, Family Division)
Outcome
Divorce granted. Sole custody of child (Alexsandria) awarded to respondent Theodore Ryan; detailed access schedule granted to petitioner Joanne Ryan; financial and property orders as set out.
Legal Topics
Custody, Access, Child Support, Section 7 Expenses (child Care), Cohabitation Agreement, Date of Separation, Rrsps and Pensions, Division of Chattels, Costs, Estoppel
Source Language
english
Family Law Matrimonial Property Child Support Custody and Access Cohabitation/marriage Contract Bankruptcy and Support Enforcement Custody Access +7 more

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Parties

Joanne Helen Ryan

Petitioner

Theodore Augustine Ryan

Respondent

Procedural Posture

Divorce/family Law / Trial/decision (supreme Court, Family Division)

Legal Issues

  1. 1 Custody and access
  2. 2 Child support and potential imputation of income
  3. 3 Sharing of child care (Section 7) expenses

Ratio Decidendi

Both parents capable of parenting but unable to cooperate; best interests and statutory factors required sole custody to be awarded to respondent Theodore Ryan based on his demonstrated willingness to facilitate access, stable residence and caregiving arrangements; the March 31, 1992 agreement was a binding marriage contract under the Matrimonial Property Act and extinguished respondent's claim to the Old Sambro Road property; date of final separation was October 28, 1997; child support and Section 7 child care treatment fixed accordingly and outstanding child care arrears offset respondent's claim for retroactive reduction; each party to bear own costs.

Court Disposition

Divorce granted. Sole custody of child (Alexsandria) awarded to respondent Theodore Ryan; detailed access schedule granted to petitioner Joanne Ryan; financial and property orders as set out.

Orders

  • Divorce granted
  • Custody awarded to Theodore (Ted) Ryan; access to Joanne Ryan as set out in decision (every other weekend plus specified weekday and holiday schedule, three weeks summer time, and contact provisions)