Family Court

Decision Information

Decision Content

                           IN THE FAMILY COURT OF NOVA SCOTIA

                               Citation: L.A.O. v. T.H.C., 2009 NSFC 7

 

                                                                                                  Date:  (20090127)

                                                                                          Docket:      08D059734

                                                                                              Registry:  Yarmouth

 

 

Between:

                                                         L.A.O.

                                                                                                               Applicant

                                                             v.

 

                                                         T.H.C.

                                                                                                            Respondent

_________________________________________________________________

 

                                              LIBRARY HEADING

__________________________________________________________________     

 

 

Judge:                            The Honourable Judge John D. Comeau

 Chief Judge of the Family Court

 

Heard:                            September 16, 2008

October 14, 2008

October 28, 2008

November 18, 2008

December 16, 2008 in Digby,  Nova Scotia

 

Decision:                        January 27, 2009

 

 

Subject:                          Custody/Access

 

 

 

 


                                                                           - 2 -

 

 

Summary:                      The mother and father of two child aged 8 and 4 applied for joint custody.  Each wanted to be the primary caregiver.

 

Issue:                            Custody and Access

 

 

Result:                          Joint custody ordered with the mother being the primary caregiver.  The mother had been the primary caregiver since birth and the children remained in the matrimonial home with her.  This was close to the mothers extended family who always had a close relationship with the children.  There was little extended family on the fathers side.

 

The father had always been preoccupied with his work and coached basketball and was a participant as well.  Work and these activities prevented him from being an active parent.  When the parties separated and court proceedings started he became more active with his children, however, this was no reason to disrupt the status quo.  It was in the best interests of the children that they remain with the mother and the access now exercised continues.

 

 

 

 

 

 

 

 

 

 

 

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