Court of Appeal

Decision Information

Decision Content

NOVA SCOTIA COURT OF APPEAL

Citation: Ross-Johnson v. Johnson, 2009 NSCA 128

 

Date: 20091211

Docket: CA 313772

Registry: Halifax

 

 

Between:

Heidi Ross-Johnson

Appellant

v.

 

Christopher Johnson

Respondent

 

 

Judge:                   The Honourable Justice Elizabeth A. Roscoe

 

Appeal Heard:      December 2, 2009

 

Subject:                Family Law, custody and access

 

Summary:             After finding that the mother had intentionally interfered with and prevented the child's access to the father, the trial judge found a change in circumstances and ordered custody to the father with access to the mother.

 

Issues:                   Whether the trial judge erred in finding a change in circumstances, in determining the best interests of the child, by failing to accept the report of the parental assessor, by failing to use other enforcement processes, and in failing to find that the father stood in loco parentis to the mother’s other children from a previous relationship.

 

Result:                  Appeal dismissed. None of the grounds of appeal justify interference with the trial judge's decision.

 

 

 

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