SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Nova Scotia (Community Services) v. R.F., 2012 NSSC 125
Date: 20120402
Docket: SFHCFSA-072635
Registry: Halifax
Between:
Minister of Community Services
Applicant
v.
R.F. and S.M.
Respondents
AND
Date: 20120402
Docket: SFH-MCA 079265
Registry: Halifax
Between:
B.W.
Applicant
v.
R.F. and S.M.
Respondents
Restriction on publication: Publishers of this case please take note that s. 94(1) of the Children and Family Services Act applies and may require editing of this judgment or its heading before publication.
Section 94(1) provides:
“No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding pursuant to this Act, or a parent or guardian, a foster parent or relative of the child.”
Judge: The Honourable Justice Elizabeth Jollimore
Heard: March 5, 6, 7, 8 and 23, 2012
Key words: termination, child protection, parallel parenting, standing
Summary: Minister applied for permanent care of a child where child would be placed in custody of maternal grandmother. Minister’s application supported by mother and maternal grandmother. Father opposed. Minister’s child protection application dismissed. Grandmother’s application for custody under the Maintenance and Custody Act dismissed. Parallel parenting ordered.
Legislation: Children and Family Services Act, S.N.S. 1990, c. 5, sections 3(2); 22(2)(b), (f), (g), (ja); 42(1); 43(4); 45(1)(b), 46(5)
Maintenance and Custody Act, R.S.N.S. 1989, c. 160, sections 2(e), 18(2), (4), (5)