Family Court

Decision Information

Decision Content

FAMILY COURT OF NOVA SCOTIA

Citation:   Nova Scotia (Community Services) v. F.W., 2010 NSFC 32

 

Date: 20101213

Docket: F. SB. 057662

Registry: Yarmouth

 

Between:

Department of Community Services

Shelburne District Office

(On behalf of the Minister of Community Services)

Applicant

v.

 

F.W. and J.W.

Respondents

 

 

LIBRARY HEADING

 

Restriction on Publication     Publishers of this case please take note that Section 94(1) of the Children and Family Services Act applies and may require editing of this judgment or its heading before publication.  Section 94 provides:

94(1)    No person shall publish or make public information that has the effect of identifying a child who is a witness or a participant in a hearing or the subject of a proceeding pursuant to this Act, or a parent or guardian, a foster parent or a relative of the child.

 

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

the Province of Nova Scotia

 

Heard:                        November 2, 2010 and November 8, 2010, in Shelburne, Nova Scotia

 

Subject:                       Review of disposition, section 46 Children Family Services Act

 

Summary:                   The Respondent, F.W., waited until the last minute to obtain proper housing.  Her common-law spouse would not participate in the review although he would be maybe living with the children. The children had specific needs the mother was unaware of and incapable of satisfying.

 


Issue:                                    Dismissal or permanent care. Time limit for other orders expired.

 

Result:                      Permanent care order. F.Ws plan was unreasonable and incapable of being carried out. Although she finished courses required, she did not pro-actively take measures to have her children returned to her.

 

 

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