SUPREME COURT OF NOVA SCOTIA
Citation: Bjarnason v. Bjarnason, 2005 NSSC 205
Date: 20050711
Docket: 1202-001409
(SFH D 035684)
Registry: Amherst
Between:
Kerry Bjarnason
Petitioner
v.
Catherine Ann Bjarnason
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Deborah Gass
Heard: June 9 and 10, 2005
Release: July 19, 2005
Subject: Divorce Act; Custody of Children; Separation Agreement; Material Change in Circumstance
Summary: Four years after parties’ separation and almost one year following separation agreement, father petitioned for divorce claiming custody of two children; parties had an informal joint custodial arranagement since separation, confirmed by separation agreement, wherein children were with mother from Monday to Friday and at the father’s parents’ farm most weekends and holidays.
Issues: Was there a material change in circumstances since the agreement was signed? Was the original agreement contrary to the best interests of the children?
Result: Court held that there was no material change in circumstances to warrant a fresh inquiry into the parenting arranagement, applying Rafuse and Handspiker (2001) NSCA, 11 R.F.L. (5th) 363 and Gordon v. Goerts (1996), 19 R.F.L. (4th) 177 (S.C.C.) nor was the original agreement so flawed that it should be overturned.
Divorce granted; separation agreement incorporated to form part of Corollary Relief Judgment.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.