SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Fader v. Misner, 2009 NSSC 159
Date: 20090520
Docket: 1201-54724
Registry: Halifax
Between:
Gary Fader
Applicant/Petitioner
v.
Charmaine Misner
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Moira C. Legere Sers
Heard: April 25, 2008
March 30 and 31, 2009
April 14, 2009
Subject: Custody and access
Summary: The mother had sole custody with liberal access to the father. The child was significantly connected to both parents. From 2006 forward the mother severely reduced the child's contact with her father by alleging abuse, illness and by distorting ordinary events such that the child was encouraged to fear the father. Two assessments, police and child protection concluded the father posed no risk to the child. Father as capable as mother in parenting child. Father's lifestyle offered certain security of residence.
Issue: Have circumstances changed since the Corollary Relief Judgement that support a change in custody? What is in the best interests of the child?
Result: Primary care with decision making authority to the father particularly relating to school selection to reduce school mobility. Shared parenting time. Conditions imposed to assist in the transition. Opportunity given to the mother to maintain her parenting time providing she complies with, facilitates, and cooperates with maintaining peaceful connections between father and child. Review set to monitor transition.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.