Supreme Court

Judge:

The Honourable Justice A. David MacAdam

Heard:

September 1, 16, 18, 22 and 23, 2015, in Kentville, Nova Scotia

Written Release of Decision:

October 7, 2015 (Orally:  October 1, 2015)

Subject:

Family law; custody and access

Summary:

The parties had separated in 2012 and now lived in different towns. They had a shared parenting arrangement pursuant to a consent interim order. However, the son was about to start school, and it was necessary to determine where he would attend school. There was a history of disputes around custody and access, and child protection authorities had been called by the mother on several occasions, but found no concerns justifying intervention.

Issue:

What was the appropriate custody and access order?

Result:

While both parents could provide a suitable primary home for the child, and the mother was better able to provide full-time child care, the court concluded that his primary home should be with his father. The child had strong family connections and friends in the father’s town, and the father was the parent more likely to foster the relationship between the child and the other parent.