IN THE FAMILY COURT OF NOVA SCOTIA
Citation: Sonja Wood v. Hubert Legge, 2004 NSFC 12
Date: 20040920
Docket: FK-031264
Registry: Kentville
Between:
Sonja Wood
Applicant
v.
Hubert Legge
Respondent
LIBRARY HEADING
Judge: The Honourable Judge Corrine Sparks, J.F.C.
Heard: June 11, 2004 and July 23, 2004 in Kentville, Nova Scotia
Written Decision: September 20, 2004
Subject: Retroactive child support prior to the application date; and joint versus shared custody.
Summary: Applicant mother sought retroactive child support plus joint custody order for child of relationship. Since parties separated, four years ago, court found no consistent child support payments were made by the father. Mother had to draw from her own capital to provide child rearing costs. Child, and her sister from another relationship, spending substantial time with the father, an arrangement which seemed to work well.
Issue: Should retroactive child support prior to the application date be granted and should the court grant joint or shared custody for the child?
Result: Court determined, in the circumstances, this is an “appropriate” case for retroactive child support prior to the application date. Defacto joint custody was found to be operating in the best interest of the child; therefore, the court declined the request for shared custody by the father.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.