Supreme Court

Decision Information

Decision Content

                                            SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Ross-Johnson v. Johnson, 2010 NSSC 262

 

Date: 20100712

Docket: 1201-059476

Registry: Halifax

 

Between:

Heidi Ross-Johnson

Applicant

v.

 

Christopher Johnson

Respondent

 

 

LIBRARY HEADING

 

 

Judge:             The Honourable Justice Moira C. Legere Sers

 

Heard:                        June 14, 15 and 16, 2010 in Halifax, Nova Scotia

 

Counsel:                     Sheena McCarthy, counsel for the Applicant    

Brian Bailey, counsel for the Respondent

 

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

Review Hearing

 

Summary:                   A mother filed a variation application seeking a return of the child to her custody, alleging a change in circumstances.

 

Issue:                          Two-tiered test in application to vary custody pursuant to the Divorce Act. Discussion of the purpose of review hearing set in the initial order varying  custody.

 

Result:                        Court found no change in circumstances of child; in child's best interests to remain in the custody of the father.  Access provisions for the mother.  Review was to supervise and manage transition difficulties.  Nova Scotia Supreme Court no longer retains jurisdiction over the child.

 

 

 

 

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