Family Court

Decision Information

Decision Content

FAMILY COURT OF NOVA SCOTIA

Citation:   T.L.T. and G.B.,  2012 NSFC 8

 

Date: 20120423

Docket: FYMCA-061982

Registry: Yarmouth

 

Between:

T.L.T.

Plaintiff

v.

 

G.B.

Defendant

 

 

LIBRARY HEADING

 

 

Judge:             The Honourable Judge John D. Comeau, JFC

 

Heard:                        March 14, 2012 at Yarmouth, Nova Scotia

 

Issue:                          Object of the Vital Statistics Act / jurisdiction

 

Summary:                   The Applicant requested the Court to make a declaratory order of paternity for a child born in Ontario. This was resorted to because the Respondent mother had refused to provide DNA for testing under the MCA.  The Applicant wanted to prove paternity of the child so he could have a relationship with her.

 

 

 

Result:                      The object of the Vital Statistics Act is to provide a record of births (etc.) in Nova Scotia.  Reference to the Province in the Act was the Province of Nova Scotia. There is no jurisdiction to register a child born in another province: ordering paternity testing would therefore be redundant and be contrary to the child’s best interest. The application was dismissed.

 

 

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