Supreme Court

                          IN THE SUPREME COURT OF NOVA SCOTIA

                              Citation: B.E.A. v. A.L.A., 2005 NSSC 94

                                                                                                   Date:  20050428

                                                                                         Docket:   1204-003524

                                                                                              Registry:  Kentville

Between:

                                                        B. E. A.

                                                                                                              Petitioner

                                                             v.

                                                        A. L. A.

                                                                                                           Respondent

                                                                LIBRARY HEADING

Judge:             The Honourable Justice Gregory Warner

Heard:                        February 7, 8 & 9, 2005, in Kentville, N.S.

Last Written

Submissions:              February 28, 2005

Subject:                      Divorce - Custody

Issue:                          Custody of children aged 11 and 5 years      

Summary:                  Father and mother separated in September, 2002, after an 11 year dysfunctional marriage.  The father had regular access until September, 2003 when he applied for custody and possession of the home and refused to sign an agreement to let the mother move with the children to live with her fiancee (met over the internet).  She reported to authorities that on August 11, 2002, the father had abused the son (then aged 8 yrs).  The father was charged.  The charges were eventually dropped in April, 2004.  In the meantime the mother denied the father any access to the children despite an interim order issued in August, 2003 and subsequent orders issued in the summer of 2004 which gave the father restricted access.  The mother and her family used every effort to thwart access and to poison the children against the father and his family.  The mother proposed to move to [...] with her new boyfriend and the children. 

The custody report was critical of both parents and particularly the mother.  It reported that the mother not be permitted to move with the children to [...].  Because of the lack of the recent contact with the children she recommended an interim order with one or two reviews before making a final determination and that in the interim the father's access be greatly expanded. 

Result:                              Custody changed to the father.  Until school ends, the father is to have access every weekend and when school finishes primary care is to go to the father with generous access to the mother, which access will depend upon whether the mother moves to [...] with her fiancee.

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.