Family Court

Decision Information

Decision Content

 

                                      IN THE FAMILY COURT OF NOVA SCOTIA

                                            Citation: K.L.T. v. M.A.T., 2008 NSFC 16

                                                                                                                                   Date:20080430

Docket:07Y051379

    Registry: Yarmouth

Between:

                                                                      K.L.T.(M)

                                                                                                                                              Applicant

                                                                             v.

 

                                                                        M.A.T.

      Respondent

 

                                                         LIBRARY HEADING

 

 

Judge:             The Honourable John D. Comeau, Chief Judge of the Family Court for the

Province of Nova Scotia

 

Heard:                        April 30, 2008 in Yarmouth, Nova Scotia

 

Counsel:                     Gregory Barro, for the Applicant

James P. DiPersio, Q.C., for the Respondent

 

Decision Date:           April 30, 2008

 

Issue  :                       Shared Parenting Schedule

 

Summary:                   The parties agreed to joint custody but were unable to arrive at a shared parenting schedule. The mother is a nurse, who works two days 8:00 a.m. to 8:00 p.m. with a day off and then nights 8:00 p.m. to 8:00 a.m. . She sleeps until 1:00 p.m. following the night shift. She wanted the child on her day off between shifts while the father wanted the child, age 4, to stay in day care for which he pays. His goal in any shared parenting was a 50/50 split.

 

Result:                      The court referred to Cooper v Cooper 2000 Carswell 223 that concluded access schedules should avoid long separations. The mother was allowed to have the child on her day off and the court also gave her authority to designate persons to be authorized to pick up the child at day care if she was unavailable. The schedule of shared parenting was further revised by the court in the child’s best interests

.

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