Supreme Court of Nova Scotia
(FAMILY DIVISION)
Citation: Nova Scotia (Community Services) v. MS, 2015 NSSC 307
Date: 2015-10-30
Docket: SFSND No. 92568
Registry: Sydney
Between:
Minister of Community Services
Applicant
v.
MS, SA and SF
Respondents
and
Date: 2015-10-30
Docket: SFSNMCA:97384
Registry: Sydney
Between:
SS
Applicant
v.
MS, SA and SF
Respondents
Library Heading
|
Judge: |
The Honourable Justice Theresa Forgeron |
|
Heard: |
September 23, 2015; October 5 and 27, 2015, in Sydney, Nova Scotia |
|
Oral Decision: |
October 27, 2015 |
|
Written Decision: |
October 30, 2015 |
|
Subject: Issues: |
Family Law Party Standing (CFSA); Leave and Custody (MCA) |
|
Result: |
➢ Applications of grandmother denied ➢ The children’s welfare would not be enhanced by having contact with their grandmother. The grandmother’s ability to care for the children was marred because of a myriad of unresolved mental health and social welfare challenges. The grandmother did not provide a reasonable alternative plan. Her proposal was not sound, not sensible, not workable, or well-conceived. A biological connection, standing alone, is not a strong basis upon which to grant party standing. ➢ The child protection proceeding must be determined before applications are heard under the MCA. In any event, leave would have been denied for the same reasons which led to the denial of the grandmother’s CFSA application. |
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