SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Jarvis v. Landry, 2010 NSSC 116
Date: 20110321
Docket: SFHF-10960
Registry: Halifax
Between:
Robert Gregory Jarvis
Petitioner
v.
Tessa Louise Landry
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Elizabeth Jollimore
Heard: March 21, 2011
Written Decision: March 24, 2011
Key words: family law, custody, access, home study, custody/access assessment, children's wish assessment, clinical issue
Legislation: Judicature Act, R.S.N.S. 1989, c. 240, s. 32(f), Costs and Fees Act, R.S.N.S. 1989, c. 104, N.S. Reg. 91/2009, s. 19(a)
Summary: Mother applies for a home study or custody / access assessment with regard to each parent, and for a children's wish report.
Result: Applications dismissed. The burden is on the party requesting the assessment to show that a professional opinion is required. Assessments should be ordered where there's a specific need for the type of information generated by them and where they are likely to provide information not otherwise available because the information falls within the special knowledge of the expert. Children’s wish report not ordered in absence of evidence of children’s capability to form their own views.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.