Supreme Court

Decision Information

Decision Content

Supreme Court of Nova Scotia

(FAMILY DIVISION)

Citation: Vaculik v. Vaculik, 2015 NSSC 202

Date: 20150714

Docket: Halifax No.  1201-066730

Registry: Halifax

Between:

Holly Michelle Vaculik

Applicant

v.

Michael James Vaculik

Respondent

Library Heading

Judge:

The Honourable Justice Mona M. Lynch

 

Date:
 

Subject:

 

June 23, 2015 at Halifax, Nova Scotia

 

Divorce Act, Access to Children, Restrictions

Summary:

 

 

 

 

 

 

 

 

After a multi-day trial ending in the summer of 2014, the child visited with his father in the US.  The father threatened not to return the child which necessitated an ex parte order in Nova Scotia and registration of the order in Arkansas for the return of the child.  The father sent abusive, threatening and misogynistic emails and texts to the mother. The father put the child in the middle of the conflict by expressing his views about the mother to the 5 and then 6 year old child. 

Issues:

 

 

 

Result:

(1)          Was there a change in circumstances?

(2)          Should the father’s access be restricted?

(3)          Costs?

 

Material change in circumstances found.  Father’s access restricted to Nova Scotia.  Communication only from father to counsel for the mother.  Costs in the amount of $10,000.

 

 

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