Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Nova Scotia (Community Services) v. D.M., 2017 NSSC 161

 

Date: 2017-06-12

Docket: SFH-CFSA 10580

Registry: Halifax

Between:

 

Minister of Community Services

 

Applicant

v.

 

D.M.

 

Respondent

 

 

LIBRARY HEADING

 

 

Judge:             The Honourable Justice Elizabeth Jollimore

 

Heard:            June 5, 2017

 

Summary:      Application by Minister to terminate permanent care order regarding 17 year old dismissed.  Minister failed to prove change since permanent care order was granted in 2009 and that termination was in the child’s best interests.  In such applications, Minister should make child aware of effect of termination, how and why it would happen, identify the child’s right to participate and assist the child in exercising that right.

Key words:    Permanent care and custody, application to terminate, best interests of the child, Children and Family Services Act

Legislation:    Children and Family Services Act, S.N.S. 1990, c. 5, section 48  

 

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