Aziz v. Dolomont, (2006) 245 N.S.R.(2d) 24 (SC)

• Judge: Forgeron, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 23, 2006
• Jurisdiction: Nova Scotia
• Citations: (2006), 245 N.S.R.(2d) 24 (SC);2006 NSSC 194

Aziz v. Dolomont (2006), 245 N.S.R.(2d) 24 (SC);

    777 A.P.R. 24

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. JN.039

Morris Abdiel Aziz (applicant) v. Amy Dolomont (respondent)

(27791; 2006 NSSC 194)

Indexed As: Aziz v. Dolomont

Nova Scotia Supreme Court

Family Division

Forgeron, J.

May 24, 2006.

Summary:

The biological father of an almost five year old boy applied under the Maintenance and Custody Act for access. The father had never met the son. The son had no knowledge of his father, being told that the mother's husband was his father. The mother opposed access on the basis that her son did not need a second father and she was concerned with the emotional impact on the son.

The Nova Scotia Supreme Court, Family Division, awarded access to the father.

Family Law - Topic 1991.1

Custody and access - Access - Child's race, colour or cultural heritage - The biological father of an almost five year old boy applied under the Maintenance and Custody Act for access - The child resulted from a one-time sexual encounter - The father had never met the son - The father was an American citizen, with Tanzanian heritage - The son had no knowledge of his father - The mother's husband was the only father he knew - The mother opposed access on the basis that her son did not need a second father and she was concerned with the emotional impact on the son - The Nova Scotia Supreme Court, Family Division, awarded access to the father - The son was entitled to be told the truth of his heritage in an age appropriate and sensitive fashion - The court would not be a party to a lie - It was in the son's best interests to get to know his biological father, who had much to offer culturally - The son was dark-skinned like his father and would eventually learn of his bi-racial heritage.

Family Law - Topic 2000.2

Custody and access - Access - Right of access - Natural parents - [See Family Law - Topic 1991.1 ].

Cases Noticed:

Abdo v. Abdo (1994), 126 N.S.R.(2d) 1; 352 A.P.R. 1; 1993 CarswellNS 52 (C.A.), dist. [para. 37].

Neill v. Best (1995), 147 N.S.R.(2d) 54; 426 A.P.R. 54; 1995 CarswellNS 163 (Fam. Ct.), dist. [para. 38].

Studley v. O'Laughlin (2000), 188 N.S.R.(2d) 133; 587 A.P.R. 133; 2000 CarswellNS 190 (Fam. Div.), dist. [para. 41].

S.M.H. v. J.M. (2000), 184 N.S.R.(2d) 238; 573 A.P.R. 238; 2000 CarswellNS 121 (S.C.), dist. [para. 42].

Baker v. Zwicker, 2000 CarswellNS 376 (Fam. Ct.), dist. [para. 43].

Newhook v. MacEachern, 1997 CarswellNS 215 (Fam. Ct.), dist. [para. 44].

Saffarnia v. Moore (1989), 94 N.S.R.(2d) 301; 247 A.P.R. 301; 1989 CarswellNS 362 (Fam. Ct.), dist. [para. 45].

Kehoe v. Potter (1984), 65 N.S.R.(2d) 86; 147 A.P.R. 86; 1984 CarswellNS 272 (Fam. Ct.), dist. [para. 46].

M.R. v. K.S. (1998), 195 N.B.R.(2d) 368; 499 A.P.R. 368; 1998 CarswellNB 16 (Q.B.), dist. [para. 47].

K.V.P. v. T.E. (2001), 275 N.R. 52; 156 B.C.A.C. 161; 255 W.A.C. 161; 2001 CarswellBC 1999 (S.C.C.), refd to. [para. 48].

Rushton v. Paris (2002), 205 N.S.R.(2d) 242; 643 A.P.R. 242 (Fam. Ct.), refd to. [para. 49].

Ffrench v. Ffrench (1994), 134 N.S.R.(2d) 241; 383 A.P.R. 241 (S.C.), refd to. [para. 49].

Ho v. Gallinger, 2002 CarswellOnt 5308 (Sup.Ct.), refd to. [para. 49].

Singh v. Singh (1981), 34 A.R. 271 (C.A.), refd to. [para. 49].

Catholic Children's Aid Society v. A.V.W. et al. (2002), 158 O.A.C. 274; 27 R.F.L.(5th) 9; 2002 CarswellOnt 1113 (C.A.), refd to. [para. 49].

Counsel:

Mark Wiseman and Candee McCarthy, for the applicant;

Matthew Ryan, for the respondent.

This application was heard on March 23, 2006, at Sydney, N.S., before Forgeron, J., of the Nova Scotia Supreme Court, Family Division, who delivered judgment orally on May 24, 2006, with the following written reasons filed on June 16, 2006.