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                                          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.

 

 

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