SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Fairfax v. Garland, 2009 NSSC 299
Date: 20090930
Docket: SFHMCA-25946
Registry: Halifax
Between:
Donald Edward Fairfax
Applicant
v.
Cheryl Lee Garland
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Deborah Gass
Heard: September 30, 2009 in Halifax, Nova Scotia
Oral Decision: September 30, 2009
Written Decision: October 16, 2009
Summary: Child 6 ½, born after parties’ relationship ended; child always in primary care of mother with Dad an active access parent. Mother lived in Stewiacke; child attended school in Truro; Dad lived in Dartmouth. No Order in place. Mother moved to Ontario with daughter and her two other children. Mother acknowledges Nova Scotia Court’s jurisdiction.
Issue: Mobility. Interim application for return of child to Nova Scotia pending full hearing of custody application.
Result: Application for interim change in primary care denied; effects of removal of child from care of mother and her siblings outweigh the Court’s concern about not condoning the unilateral actions of one parent. Matter set for hearing in Nova Scotia.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.