SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Yonis v. Garado, 2011 NSSC 454
Date: 20111208
Docket: SFHMCA 072415
Registry: Halifax
Between:
Jamal AbdoshYonis
Applicant
v.
Ekram Garado
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Carole A. Beaton
Date of Hearing: July 26, 27 and 28, 2011
Date of Oral
Decision: August 3, 2011
Written Release
of Oral Decision: December 8, 2011
Issues: Application for custody and child support; mobility issue.
Summary: The Applicant father sought to have his three children, who had departed for Alberta with their mother for a vacation 14 months earlier, returned to his custody in Halifax, commensurate with an order for child support. Mother wished to have the children in her custody in Edmonton on the basis that it was a more culturally appropriate location for them. Father and mother both suggested block access periods for the other parent. Custody granted to father on the basis that, parenting capacities being equal, the unilateral decision by the Mother to move the children to Edmonton deprived the children of meaningful contact with their Father. Neither location was culturally more superior than the other; child support question adjourned to allow time for mother to decide whether to return to Halifax and the implications for her financial position.
Keywords: Family - access to the children; Family - child custody; Family - mobility; Family - child support; Maintenance and Custody Act
Legislation: s.9 and s.18, Maintenance and Custody Act, R.S.N.S. 1989, c 160
Cases Considered: Gordon v. Goertz, 1996 2 S.C.R. 27
Taralyn v. Wilcox 2010 N.S.J. 374
Yonis v. Garado 2011 NSSC 110
MacRae v. Hubley 2011 N.S.J. 104
Taylor v. Wanless 2009 N.S.J. 404
Young v. Young 1993 4 S.C.R. 31
Burgoyne v. Kenny 2009 NSCA 34
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.