Supreme Court

Decision Information

Decision Content

                                   IN THE SUPREME COURT OF NOVA SCOTIA

                                                           (FAMILY DIVISION)

                                             Citation: P.M.C. v. F.C., 2005 NSSC135

 

                                                                                                   Date: 20050531

                                                                                            Docket: 1201-52159

                                                                                               Registry:  Halifax

 

Between:

                                                                       P. M. C.

                                                                                                                                             Petitioner

                                                                             v.

 

                                                                          F. C.

 

                                                                                                                                         Respondent

                                                                                                                            

 

                                            LIBRARY HEADING

 

Judge:                           The Honourable Justice Mona M. Lynch

 

Heard:                           March 18, 2004 & May 9, 2005, in Halifax, Nova Scotia

 

Subject:                         Custody and Access of Children

 

Summary:                     Father had been denied access to his fourteen year old daughter for over two years.  Mother holding irrational views that father was out to harm her and daughter. These irrational fears were transferred to daughter. Despite clear evidence of emotional harm to the daughter, child welfare authorities refused to intervene.

 

Issues:                           What custody and access arrangement is in the best interests of the child?

 

Result:                           The option that is in the daughters best interest was not available to the court as it required the involvement of the child welfare agency which had refused to become involved.  Joint custody to parents, primary residence with mother, counselling for daughter, access as recommended by counselor, decision making to father.  Review in six months.

 

 

 

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