This Month in Nova Scotia Family Law – May 2024

MacDonald v MacDonald, 2024 NSCA 58 Judge: Justice Farrar Subject: Motion to Stay, Relocation Summary: The parties are former spouses and parents to an eleven-year-old son. Mr. MacDonald assumed primary care and decision-making responsibility of their son in 2022 after Ms. MacDonald was found guilty of fraud and incarcerated. In 2023, the Court granted Mr. […]

This Month in Nova Scotia Family Law – April 2024

Hanak v Hanak, 2024 NSCA 44 Judge: Justice Elizabeth Van den Eynden Subject: Appeal of an Interim Order, Imputation of Income, Fresh Evidence Summary: Mr. Hanak sought leave to appeal from an interim order, which imputed his income at $200,000 for the purpose of determining his support obligations.  He argued instead that his annual income should be […]

This Month in Nova Scotia Family Law – March 2024

Fox v. Muise, 2024, NSSC 50 Judge: Honourable Justice Theresa M Forgeron Subject: Child Support, Unjust Enrichment Summary:  Leonard Fox and Margaret Muise have two children born in 2001 and 2004 from a common-law relationship that ended in 2010. In 2012-2013, a contested hearing decided on parenting, child support, and unjust enrichment. Mr. Fox seeks to […]

This Month in Nova Scotia Family Law – February 2024

Owda v Hussini, 2024 NSSC 23 Judge: Honourable Justice Cindy Cormier Subject: Relocation, Parenting Time, Child Support Summary: Ms. Owda filed an initial application under the Parenting and Support Act to seek to have Mr. Hussini pay child support. The mother claimed that Mr. Hussini was not contributing to the children’s expenses and that he […]

This Month in Nova Scotia Family Law – January 2024

Kulu v. Atuanya, 2024 NSSC 2 Judge: Honourable Justice Theresa Forgeron Subject: Parenting and Child Support Summary: The parties were in a brief relationship in March 2007. There is one child of the relationship, B. He is seventeen years old. The mother lives in Nova Scotia and the father lives in the USA. B has […]

This Month in Nova Scotia Family Law – December 2023

Strait-Hinnerichsen v Strait-Hinnerichsen, 2023 NSSC 340. Judge: Honourable Justice Ingersoll Subject: Division of Assets, Unequal Division, Parenting, Child Support, and Special and Extraordinary expenses. Summary: The parties separated after almost 20 years of marriage. They have agreed to a shared parenting arrangement. Each issue in this decision will be discussed separately below. The first issue concerned […]

This Month in Nova Scotia Family Law – November 2023

CT v JB, 2023 NSSC 351 Judge: Justice Lee Anne MacLeod-Archer Subject: Costs Summary: The parties participated in a nine day hearing on the issues of parenting and child support.  CT was awarded primary care and decision-making responsibility and JB was ordered to pay prospective and retroactive child support.  CT sought lump costs of $60,000 inclusive […]

This Month in Nova Scotia Family Law – September 2023

Moore v Moore, 2023 NSSC 285 Judge: The Honourable Justice Elizabeth Jollimore Subject:  Decision-making Responsibility, Mootness Summary: The parties resolved their claims regarding child support and parenting time in mid-2019 but were unable to agree on decision-making responsibility of their son. The parties’ son will turn 18 within the next six weeks. Ms. Moore sought […]

This Month in Nova Scotia Family Law – August 2023

L. v. T. H., 2023 NSSC 250 Judge: Justice Lee Anne MacLeod-Archer Subject: Interim parenting; interim child support; inputting income Summary: This decision originated from an interim motion by the father, Mr. H, seeking an interim shared parenting arrangement for the parties’ three children. The mother, Ms. L, sought primary care of the children and […]

This Month in Nova Scotia Family Law – July 2023

R.H. v A.L.S., 2023 NSSC 171 Judge: Justice Samuel Moreau Subject: Primary Care; Parental Decision Making; Parenting Time Summary: The parties separated in 2020 after 13 years of marriage.  The separation had been highly contentious.  The father, R.H., sought primary care and decision-making responsibilities for their 8-year-old child, while reducing the mother’s parenting time.  The […]