Akeeagok v. Ross

Akeeagok v. Ross

The court treated the proceedings as an application to vary the prior interim order, found insufficient evidence of material change except for the mother obtaining stable housing but relied principally on best‑interests factors and history of care: awarded primary care of infant Kaden to the mother because he has been in her care since birth and there was no evidence of neglect, dismissed respondent's sole custody claim for Kaden, confirmed the father's primary care of two older daughters consistent with the status quo, and imposed interim parenting time, programs, an assessment and conditions to address parental conflict and protect the children.

Citation
2012 NSFC 26
Parties
Applicant/plaintiff: Rhoda Akeeagok; Respondent/defendant: Andrew Ross
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
25 September 2012
Procedural Posture
Family Law Custody and Parenting Time (maintenance and Custody Act) / Application to Vary (variation Hearing / Interim Review)
Outcome
Application to vary granted in part and otherwise dismissed; respondent's application for sole custody of Kaden dismissed; custody and parenting arrangements varied on an interim basis; programs and assessment ordered; matter returned for review.
Legal Topics
Variation of Custody Order, Best Interests of the Child, Material Change in Circumstances, Parenting Time, Parenting Assessment, Relocation, Court Ordered Programs and Conditions
Source Language
English
Family Law Child Custody Child Welfare Jurisdictional Enforcement of Prior Order Variation of Custody Order Best Interests of the Child Material Change in Circumstances Parenting Time +3 more

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Parties

Rhoda Akeeagok

Applicant/plaintiff

Andrew Ross

Respondent/defendant

Procedural Posture

Family Law Custody and Parenting Time (maintenance and Custody Act) / Application to Vary (variation Hearing / Interim Review)

Legal Issues

  1. 1 Whether the application should be treated as an application to vary a prior interim superior court order
  2. 2 Whether there has been a material change in circumstances
  3. 3 Whether the prior order should be varied in accordance with the best interests of the children

Ratio Decidendi

The court treated the proceedings as an application to vary the prior interim order, found insufficient evidence of material change except for the mother obtaining stable housing but relied principally on best‑interests factors and history of care: awarded primary care of infant Kaden to the mother because he has been in her care since birth and there was no evidence of neglect, dismissed respondent's sole custody claim for Kaden, confirmed the father's primary care of two older daughters consistent with the status quo, and imposed interim parenting time, programs, an assessment and conditions to address parental conflict and protect the children.

Court Disposition

Application to vary granted in part and otherwise dismissed; respondent's application for sole custody of Kaden dismissed; custody and parenting arrangements varied on an interim basis; programs and assessment ordered; matter returned for review.

Orders

  • Both parents shall attend the Parent Information Program and file certificate of attendance by December 1, 2012.
  • Both parents shall meet with Debra Reimer, KAP, to determine appropriate parenting courses to improve communication and co-operation.