Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Lockhart v. Lockhart, 2008 NSSC 271

 

Date: 20080915

Docket: 1204-004666

SKD-055825

Registry: Kentville

 

 

Between:

 

Eloise Gerene Lockhart

Petitioner

 

- and-

 

Anthony William Lockhart

 

Respondent

 

LIBRARY SHEET

 

Judge:                                       The Honourable Justice Gregory M. Warner

 

Heard:                         August 25, 2008 in Kentville, Nova Scotia;  Oral decision on August 28,2008

 

Subject:                                   Family Law - Mobility Case

 

Issue:                                      Mobility and Variation of Custody

 

Summary:                               Mom was a stay at home parent and primary care giver for three children (ages 10, 7 and 6). Dad, a teacher, was very involved with the children.  On separation, Mom commenced retraining for a career.  Dad could not afford to pay sufficient spousal support to Mom to remain in the Windsor area.  Mom’s parents offered to house Mom and children on their farm near Oxford while Mom retrained.  Dad opposed move and sought primary care.  A court ordered parenting assessment proposed shared parenting and that mom not relocate.

 

Result:                                    Mom’s mobility application was granted.  Dad’s application for primary care was dismissed.  Gordon v. Goertz explained and applied.

 

 


 

 

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.                                                                                                                                                                                                

 

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.