Family and Children's Services of Annapolis County v. D.C. and R.C., (1983) 57 N.S.R.(2d) 77 (FC)

Case DateMay 21, 1982
JurisdictionNova Scotia
Citations(1983), 57 N.S.R.(2d) 77 (FC)

CFS v. D.C. (1983), 57 N.S.R.(2d) 77 (FC);

    120 A.P.R. 77

MLB headnote and full text

Family and Children's Services of Annapolis County v. D.C. and R.C.

(CSM 82-3)

Indexed As: Family and Children's Services of Annapolis County v. D.C. and R.C.

Nova Scotia Family Court

Niedermayer, J.F.C.

April, 1983.

Summary:

A social worker applied to declare an infant child of separated parents in need of protection under s. 2(m)(iv) of the Children's Services Act. The social worker had apprehended the child without notifying the husband, who had custody. The Nova Scotia Family Court dismissed the application and awarded $6,000 costs to the husband, because the application was unjustified and unnecessary.

Guardian and Ward - Topic 815

Public guardian - Appointment - Child in need of protection - Considerations - The Nova Scotia Family Court referred to 29 factors that may indicate that a child was abused or neglected by its parents - See paragraph 21.

Guardian and Ward - Topic 969

Public trustee and guardian - Practice - Costs - A social worker applied to have an infant child declared in need of protection because of suspected child abuse, without a fair and full investigation - The social worker had apprehended the child without notifying the father, who had custody - The father suffered financial and emotional loss as a result - The Nova Scotia Family Court, in dismissing the application, awarded the father $6,000 costs plus disbursements, because the social worker's impulsive actions were totally unwarranted and unjustified - See paragraphs 30 to 40.

Cases Noticed:

Re Pamela M. (1982), 4 F.L.R.R., Issue 11,124 (P.C.F.D.), appld. [para. 34].

Statutes Noticed:

Family Court Rules (N.S.), rule 17 [para. 31].

Authors and Works Noticed:

Fontana and Besharov, The Maltreated Child (1977) [para. 21].

Counsel:

W. Bruce Gillis, for the applicant;

Jean-Louis Batiot, for D.C.;

Douglas Campbell, for R.C.

This case was heard on May 21, 1982, at Middleton, Nova Scotia, before NIEDERMAYER, J.F.C., of the Nova Scotia Family Court, who delivered the following judgment in April, 1983.

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2 practice notes
  • Liquor Control Board (Ont.) and Parker v. Karumanchiri, Ng and Yan, (1988) 25 O.A.C. 161 (DC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • 23 de fevereiro de 1988
    ...365; 37 R.F.L.(2d) 171; 39 C.P.C. 168; 3 D.L.R.(4th) 728 (N.S.C.A.) affirming (1983), 34 C.P.C. 57 (N.S. Co. Ct.) which varied (1983), 57 N.S.R.(2d) 77; 120 A.P.R. 77 (Fam. Ct.) Re Regional Municipality of Hamilton-Wentworth and Hamilton-Wentworth Save the Valley Committee, Inc. et al. (198......
  • Family and Children's Services of Annapolis County v. C., (1983) 62 N.S.R.(2d) 365 (CA)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • 16 de dezembro de 1983
    ...had apprehended the child without notifying the husband, who had custody. The Nova Scotia Family Court, in a judgment reported in (1983), 57 N.S.R.(2d) 77; 120 A.P.R. 77, dismissed the application and awarded $6,000 costs to the husband, because the application was unjustified and unnecessa......
2 cases
  • Liquor Control Board (Ont.) and Parker v. Karumanchiri, Ng and Yan, (1988) 25 O.A.C. 161 (DC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • 23 de fevereiro de 1988
    ...365; 37 R.F.L.(2d) 171; 39 C.P.C. 168; 3 D.L.R.(4th) 728 (N.S.C.A.) affirming (1983), 34 C.P.C. 57 (N.S. Co. Ct.) which varied (1983), 57 N.S.R.(2d) 77; 120 A.P.R. 77 (Fam. Ct.) Re Regional Municipality of Hamilton-Wentworth and Hamilton-Wentworth Save the Valley Committee, Inc. et al. (198......
  • Family and Children's Services of Annapolis County v. C., (1983) 62 N.S.R.(2d) 365 (CA)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • 16 de dezembro de 1983
    ...had apprehended the child without notifying the husband, who had custody. The Nova Scotia Family Court, in a judgment reported in (1983), 57 N.S.R.(2d) 77; 120 A.P.R. 77, dismissed the application and awarded $6,000 costs to the husband, because the application was unjustified and unnecessa......

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