Supreme Court

Decision Information

Decision Content

                                            SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Johnson v. Ross-Johnson, 2009 NSSC 210

 

Date: 20090703

Docket: 1201-059476

Registry: Halifax

 

Between:

Christopher Johnson

Applicant/Petitioner

v.

 

Heidi Ross-Johnson

Respondent

 

 

LIBRARY HEADING

 

 

Judge:             The Honourable Justice Moira C. Legere Sers

 

 

Heard:                        June 10 and 11, 2009 in Halifax, Nova Scotia

 

 

Counsel:                     Brian Bailey, counsel for the Applicant/Petitioner

David Grant, counsel for the Respondent                      

 

 

Subject:                       Custody Variation (Section 17 of the Divorce Act)

Application to include 2 children of a previous relationship under existing child support order

 

 

Summary:                   Divorce granted September 2006.  Parents have one child.  Father lives in the United States, mother in Canada.  Mother has 2 children of previous relationship.  Mother consistently and deliberately sabotaged any attempts by father to maintain healthy contact with his son, despite court order and repeated direction.

 

 

Issue:                          Mother deliberate denial and obstruction of contact between father and son.  Does father stand in loco parentis to the mother's children from previous marriage?

 

 


 

 

Result:                        Mother past behaviour of physically abusive and currently significant emotional abuse involving child in efforts to destroy his affection for his father and distort his view of his father.  Father capable of parenting and providing for child.  Father granted custody with duty to facilitate healthy contact with mother.

 

 

 

 

 

 

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