Nova Scotia Court of Appeal
Citation: P.H. v. Nova Scotia (Community Services),
2013 NSCA 83
Date: 20130709
Docket: CA 411685
Registry: Halifax
Between:
P.H.
Appellant
v.
Minister of Community Services and R.W.
Respondents
Restriction on Publication: 94(1) Children and Family Services Act
|
Judge: |
The Honourable Justice David P.S. Farrar |
|
Appeal Heard: |
May 17, 2013 |
|
Subject: |
Family Law. Children & Family Services Act, S.N.S. 1994-95, c. 5. Access after Permanent Care. |
|
Summary: |
The appellant appeals from the trial judge’s denial of access after permanent care. The trial judge found that the child was a child in need of protection and ordered permanent care. She denied access to the mother because the evidence established that access would impair a potential adoption. The appellant appeals arguing that the trial judge failed to take into account the best interests of the child in failing to allow access. She also argued that this Court should reconsider two of its previous decisions on this issue. |
|
Issues: |
Whether the trial judge erred in denying access to the mother once permanent care was ordered? |
|
Result: |
Appeal dismissed. The trial judge committed no error in failing to grant access. Her decision was consistent with the Children and Family Services Act and previous decisions of this Court. |
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 35 pages.