SUPREME COURT OF NOVA SCOTIA
Citation: Zinck v. Fraser, 2005 NSSC 152
Date: 20050609
Docket: SFHMCA 017647
Registry: Halifax
Between:
Crystal Zinck
Applicant/Respondent
v.
Steven Fraser
Respondent/Applicant
LIBRARY HEADING
Judge: The Honourable Justice Moira C. Legere-Sers
Heard: May 10 & 11, 2005, in Halifax, Nova Scotia
Subject: Application to prohibit the removal of a child from Nova Scotia to Alberta
Summary: The parents of a young child have a contentious legal and personal history with unabated conflict.
This is the second attempt by the mother to move to Calgary with the child. Custody has changed in the past from sole custody to the mother, supervised access to the father; to joint custody with extensive access to the father. The issue of mobility was withdrawn by the mother leaving the custody application the sole issue to be decided. The mother’s counsel argued that without the mobility issue the Court could not alter the status quo without a material change in circumstances.
Result: The joint custody order was a consent order. The Court had not deliberated the issue of custody on the merits. The consent order anticipated cooperation and facilitation of contact between child and parents. The continuing conflict and instability as described in the evidence was sufficient to consider the competing parental plans.
The child was placed in the day-to-day care of the father. The joint custody order was continued with access to the mother. Both parents required to obtain parental instruction and appropriate supportive resources.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.