SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Children’s Aid Society of Inverness/Richmond v. S.S.,
2009 NSSC 288
Date: 20090915
Docket: SFPACFSA-0589296
Registry: Halifax
Between:
Children’s Aid Society of Inverness/Richmond
Applicant
v.
S.S. and D.S.
Respondent(s)
LIBRARY HEADING
Restriction on Publication: Publishers of this case please take note that s. 94(1) of the Children and Family Services Act applies and may require editing of this judgment or its heading before publication.
Section 94(1) provides:
“No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or subject of a proceeding pursuant to this Act, or a parent or guardian, a foster parent or relative of the child.”
Judge: The Honourable Justice Moira C. Legere Sers
Heard: September 9 and 10, 2009, in Port Hawkesbury, Nova Scotia
Written Decision: September 30, 2009
Subject: A contested review application arose less than 2 months following the First Disposition Order
Summary: The First Disposition Order dated May 8, 2009 arose out of a lengthy hearing. The children were reinstated into their father’s joint custody to a shared parenting schedule supervised by the Agency. Effecting the proposed plan was delayed. Due to evidence including the use of Facebook , the ability of the parents to peacefully engage in a shared parenting plan was potentially sabotaged. The Agency moved the children to the father’s care with supervised access to mother.
Issue: Ought the Court to vary the First Disposition order based on the evidence provided. Reference Section 46 (4) factors.
Result: Review plan granted in part. Father and children’s residence moved.
Mother’s supervision lifted. Further directions given to assist in the implementation of the plan.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.