Supreme Court

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                          IN THE SUPREME COURT OF NOVA SCOTIA

                               Citation: Abbott v. Marr, 2005 NSSC 173

                                                                                                         Date: 050622

                                                                                     Docket: SFSNMCA 32006

                                                                                                 Registry:  Halifax

 

Between:

                                                    Annie Abbott

                                                                                                              Applicant

                                                             v.

 

                                                       John Marr

                                                                                                           Respondent

 

 

D E C I S I O N

 

 

 

Judge:                            The Honourable Justice Suzanne M. Hood

 

Heard:                           February 22, 2005 in Sydney, Nova Scotia

 

Written Decision: June 22, 2005

 

Counsel:                         Alan Stanwick for the Applicant

Mary Frances Roach MacDonald for the Respondent


By the Court:

 

[1]              The issue of access remains.  Ms. Abbott sought to have access terminated or, in the alternative, supervised.  I denied both applications at the hearing.

 

[2]              Mr. Stanwick submits on Ms. Abbotts behalf the following:

 

1.         Initially, Mr. Marr would have access every second Saturday from 1 - 5 p.m.  The access would be exercised in the Sydney area.  The access would be one-on-one in that only Mr. Mar and Miranda would be present during access visits;

 

2.         Following a period of several months, Mr. Marr would have access every Saturday from 1 - 5 p.m. under the same conditions as set out in 1 above;

 

3.         At least 6 months should elapse before overnight access should occur;

 

[3]              Ms. Roach MacDonald submits on behalf of the father, Mr. Marr:

 

It is therefore proposed that Mr. Marr arrange to pick up the child at Tim Horton’s at the Sydney Shopping Centre on Friday after school at 4 o’clock p.m. and take her by bus to Glace Bay and return her on the 7 o’clock bus on Saturday evening to the same location.  She would arrive at that location between 7:45 and 8 o’clock.

 

[4]              I conclude that access should occur every second weekend at Mr. Marrs home.  For the first four (4) visits, access will be from 10:00 a.m. Saturday morning until the 7:00 p.m. Saturday evening bus arrives back in Sydney.

 

[5]              Ms. Abbott will deliver the child to the Tim Hortons at the Sydney Shopping Centre in time for Mr. Marr and Miranda to catch the 10:00 a.m. bus.  Mr. Marr will return the child to the Tim Hortons upon the arrival of the bus in Sydney.

 

[6]              After four (4) such access visits, Mr. Marr shall have overnight access at his home as he proposes, as set out above.

 


[7]              Mr. Marr shall have telephone access with Miranda each Wednesday evening.  Mr. Marr shall make the call and Ms. Abbott shall facilitate a speaking to her father.  Ms. Abbott and Mr. Marr shall have no conversation with each other at that time.

 

[8]              Furthermore, Ms. Abbott shall not discourage Miranda from access visits or telephone access.  She is not to say anything disparaging abut Mirandas father or his family.

 

[9]              In making this decision, it is my view that an artificial setting such as the YM/YWCA or a visit only in Sydney is not in the childs best interests.  It is, in my view, a more natural environment for the visit to occur in the fathers home where his wife, his other child and stepchildren reside.

 

 

Hood, J.

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