Supreme Court

Decision Information

Decision Content

                                           SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: S.D. v. J. D., 2010 NSSC 145

 

Date: 20100419

Docket: 1201-062700

Registry: Halifax

Between:

S. D.

Petitioner

v.

 

J. D.

Respondent

 

 

 

LIBRARY HEADING

 

 

Judge:           The Honourable Justice Moira C. Legere Sers

 

Heard:           March 22 and 23, 2010

 

Subject:        Divorce, Custody, Parenting Plans, Assessments, Child Support, Spousal Support

 

Issue:                        Justification for rejecting Assessment recommendation

 

Summary:    Traditional relationship in which mother assumed child care responsibilities and father the financial responsibilities.  Separation provoked a change of roles to accommodate the new family reality. Assessment ordered to deal with specific issues relating to the two parents. Assessment Report recommended a change in custody altering the traditional roles adopted by the parents.

 

Result:          Continuation of the roles adopted by the parents.  Joint custody order retaining for each parent the rights and responsibilities of a joint parent with primary care to the mother and a parenting schedule for the father in keeping with the traditional arrangement.  Recommendations of assessment not followed regarding sole custody.  Directions of Supreme Court of Canada in Young v. Young  and Foley v. Foley discussed.

 

 

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