Canada Case Law

J.M.P. v. A.F.

Court

Supreme Court of Nova Scotia

The application was dismissed because granting access was not in the child's best interests given the applicant's significant criminal and substance misuse history, recent breach of probation while under court conditions, unreliable compliance with orders, lack of an established beneficial relationship with the child, and the mother's credible and weighty objection which would impair the child's stability and safety; supervised access was not sufficient to overcome those concerns.

Source excerpt

• Grandparent access
• Best interests of the child
• Supervised access
• Parental deference
• Criminal history and risk assessment

Read case analysis

Smith v. Cross

Court

Supreme Court of Nova Scotia

Applicant did not prove on the balance of probabilities a material change in circumstances sufficient to justify removing the children from their long‑established custodial environment; disruption and attachment harm outweighed the benefits of transfer. The court therefore preserves the status quo and grants a structured access regime to the mother while leaving day‑to‑day custody with Ms. Smith.

Source excerpt

• Custody variation
• Best interests of the child
• Material change in circumstances
• Continuity of care
• Attachment
• Access schedule

Read case analysis

French v. Riley-French

Court

Court of Appeal for Ontario

Appeal dismissed because the trial judge properly exercised discretion in refusing an adjournment and excluding psychiatry evidence for noncompliance with the Family Law Rules, the factual findings that the child’s best interests required custody to the respondent were supported by overwhelming evidence, supervised access was appropriate and the restraining order was justified by clear and convincing evidence of past domestic violence.

Source excerpt

• Best interests of the child
• Adjournment and trial management
• Expert evidence disclosure (family law rules)
• Domestic violence findings
• Costs

Read case analysis

Pudsey v. Pudsey

Court

Supreme Court of Nova Scotia

The court adjourned the final custody variation decision to May/June to permit evidence of whether the mother's failures on school attendance and impeded access can be satisfactorily remedied; interim orders increasing access and requiring targeted counselling and parenting interventions were appropriate because the absenteeism and deliberate impediment to access were significant factors affecting the children's best interests and could justify a change in primary care if not remedied.

Source excerpt

• Custody variation
• Primary care
• Parental access
• Interim orders
• School attendance
• Parental alienation

Read case analysis

C.M. v. K.M.

Court

Nova Scotia Family Court

Supervision of the mother’s parenting time was no longer necessary and that supervision clause is terminated; however, because the only testimony came from the parents and no independent evidence or testimony from D.H. was produced, the court was not satisfied on the balance of probabilities to rescind the prohibition entirely. Accordingly the prohibition is modified to permit contact with D.H. only when the child is personally supervised by the mother or another responsible adult approved by the father (approval not to be unreasonably withheld), and the modified prohibition remains in force…

Source excerpt

• Variation of custody/access order
• Supervised access
• Best interests of the child
• Consent orders
• Effects of parental substance abuse
• Cohabitation of parent with partner

Read case analysis

Cordukes v. Cordukes

Court

Supreme Court of British Columbia

The court adjourned a father's custody application for one year, varied access and guardianship slightly, and ordered no costs to either side.

• Change of custody
• Access schedule variation
• Section 15 report for custody assessment
• Costs discretion in family proceedings
• Holiday parenting time
• Self-representation

Read case analysis

T.M. v. C.B.

Court

Supreme Court of Nova Scotia

The court awarded joint custody to both parents with the mother as the primary residential parent and ultimate decision-maker in disputes; the father was denied half-time residence but granted a phased access regime (every second weekend with initial supervision while in Sydney, progression to unsupervised visits after specified visits, and an every-second-weekend overnight regime after relocation to Halifax and completion of required supervised visits); no child support order was made at this time; the father is prohibited from removing the child from Nova Scotia without the mother's consent…

Source excerpt

• Joint custody
• Parenting time schedule
• Supervised access
• Relocation
• Risk of removal from jurisdiction
• Child support determination

Read case analysis

S.J.Y. v. C.A.Y.

Court

Supreme Court of British Columbia

The court granted a divorce, awarded the mother sole custody and guardianship, ordered child support arrears and ongoing support, and set specified access for the father.

• Custody
• Guardianship
• Access
• Child support
• Divorce decree
• Parental relocation

Read case analysis

B.M.B. v. C.L.B.

Court

Supreme Court of British Columbia

The court partly granted a motion to vary access orders, allowing children to attend the father’s wedding in Tofino subject to counselling, alcohol limits, and caregiver safeguards.

• Visitation for wedding
• Alcohol restrictions during access
• Counselling requirement
• Communication provisions
• Designation of caregiver
• Family-law

Read case analysis

M.M.R. v. Y.M.R.

Court

Supreme Court of British Columbia

The court refused the mother’s relocation application to Manitoba, adjusted primary residence for the two oldest children to the father, and kept the existing parenting schedule.

• Relocation/move-away
• Primary residence
• Joint custody
• Best interests of the child
• Communication between parents
• Financial disclosure

Read case analysis