SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Fraser v. Tighe, 2011 NSSC 511
Date: 20110315
Docket: SFPAMCA 066765
Registry: Halifax
Between:
Tabitha Kerry Fraser
Applicant
and
Myles Sheldon Tighe
Respondent
LIBRARY HEADING
Judge: The Honourable Associate Chief Justice Lawrence I. O’Neil
Date of Oral
Decision: August 12, 2011
Issues: Whether the Applicant is required to have her application for child support considered in accordance with the provisions of the Interjurisdictional Support Orders Act, S.N.S. 2002, c.9
Summary: The Applicant mother sought custody and child support. The mother and child resided in Nova Scotia but the Respondent father resided in Alberta. The Respondent did not participate in the Nova Scotia proceeding but was aware of it. The Court held that notwithstanding the Interjurisdictional Support orders Act, S.N.S. 2002, c.9, it had jurisdiction to consider the issue of child support. The Court held that the Respondent’s refusal to cooperate in making the procedures of that Statute workable, was a critical consideration in favour of it assuming jurisdiction over child support. In addition, the Court relied upon its parens patriae jurisdiction and the strong nexus between custody and child support in support of its decision to assume jurisdiction over the issue of child support.
Keywords: Parens Patriae; Jurisdiction; Child Support
Legislation: Interjurisdictional Support Orders Act, S.N.S. 2002, c.9
Cases Considered: Pitts v. Noble, 2009 NSSC 325
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.