IN THE SUPREME COURT OF NOVA SCOTIA
Citation: C.C.E. v. L.C.E., 2006 NSSC 73
Date: 20060307
Docket: 1201-59217/SFHD-36204
Registry: Halifax
Between:
C.C.E.
Petitioner
v.
L.C.E.
Respondent
Editorial Notice: Identifying information has been removed from this electronic version of the library sheet.
Judge: Leslie J. Dellapinna, J.
Heard: January 18, 19, February 16 and 21, in Halifax, Nova Scotia
Subject: Divorce, custody and access.
Summary: The parties were married for approximately eighteen years as of the date of their separation. They have four children two of whom are in university and two who were fifteen and thirteen as of the date of trial. The parties agreed that the Petitioner (mother) would have primary care of the two older children but can not agree on the custodial arrangements with respect to the two younger children.
Issue: What custodial arrangement was in the best interest of the two younger children?
Result: Custody and primary care were granted to the mother even though she worked full-time and the Respondent (father) was retired. She had been the primary caregiver to the children prior to the date of the parties’ separation and continued exercising similar responsibilities after the date of separation even though the children resided more than half the time with their father. The mother had a stronger emotional bond with the children and appeared more concerned than their father with their emotional and psychological needs. The father was physically, emotionally and verbally abusive to the Petitioner and controlled his wife and children through threats and intimidation. The Respondent (father) was unwilling to put the children’s needs before his own and continued to involve them in adult issues. The Petitioner (mother) was more likely than the Respondent to encourage the children to have contact with the other parent.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. |