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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