NOVA SCOTIA COURT OF APPEAL
Citation: Children and Family Services of Colchester County v. K.T.,
2010 NSCA 72
Date: 20100909
Docket: CA 325959
Registry: Halifax
Between:
Children and Family Services of Colchester County
Appellant
v.
K.T.
Respondent
Restriction on Publication: Pursuant to s. 94(1) Children and Family Services Act
Judge: The Honourable Chief Justice Michael MacDonald
Appeal Heard: June 25, 2010
Subject: Family Law; Child Protection; Access following a Permanent Care Order
Summary: The trial judge, after making a permanent care order, awarded the Respondent mother (and other family members) continued access. The Agency appealed access provisions asserting that no special circumstances existed to justify such an order.
Issue: Did the access orders reflect reversible error?
Result: Appeal allowed with the access provisions rescinded. In finding that special circumstances existed to justify the access provisions, the judge misinterpreted the statutory provisions. This represented reversible error that had to be corrected.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 26 pages. |