Cox v. Harvey, (2000) 196 Nfld. & P.E.I.R. 306 (NFFC)

• Judge: Cook, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 20, 2000
• Jurisdiction: Newfoundland and Labrador
• Citations: (2000), 196 Nfld. & P.E.I.R. 306 (NFFC)

Cox v. Harvey (2000), 196 Nfld. & P.E.I.R. 306 (NFFC);

    589 A.P.R. 306

MLB headnote and full text

Temp. Cite: [2000] Nfld. & P.E.I.R. TBEd. NO.021

Roberta Cox (applicant) v. John Harvey (respondent)

(File No. 98/09041)

Indexed As: Cox v. Harvey

Newfoundland Supreme Court

Unified Family Court

Cook, J.

October 24, 2000.

Summary:

Parents had joint custody of their five year old daughter. Her principal residence was with her father in St. John's, Newfoundland and her mother, who resided in Saint John, New Brunswick, had generous access. The father accepted a new job in Barrie, Ontario. The mother applied for a change in principal residence.

The Newfoundland Supreme Court, Unified Family Court, held that there was a material change in circumstances permitting the court to review the custody and access order. The court ordered that the child's principal residence remain with her father on an interim basis.

Family Law - Topic 1865

Custody and access - Duties and rights of custodian - To remove child from jurisdic­tion - [See Family Law - Topic 1948 ].

Family Law - Topic 1948

Custody and access - Variation of custody and access rights - Change of residence of child - Parents had joint custody of their five year old daughter - Her principal residence was with her father in St. John's, Newfoundland and her mother, who resided in Saint John, New Brunswick, had generous access - The father accepted a new job in Barrie, Ontario - The mother applied for a change in principal residence - The Newfoundland Supreme Court, Unified Family Court, held that there was a material change in circumstances permit­ting the court to review the custody and access order - The court ordered that the child's principal residence remain with her father on an interim basis where, inter alia, his parenting had been much more substan­tive than the mother's parenting.

Family Law - Topic 2051

Custody and access - Interim custody - Considerations - [See Family Law - Topic 1948 ].

Family Law - Topic 2076

Custody and access - Joint custody - Prin­cipal home - [See Family Law - Topic 1948 ].

Cases Noticed:

Wilson v. Grassick (1994), 120 Sask.R. 1; 68 W.A.C. 1; 2 R.F.L.(4th) 291 (C.A.), refd to. [para. 13].

Gordon v. Goertz (1996), 196 N.R. 321; 141 Sask.R. 241; 114 W.A.C. 141; 19 R.F.L.(4th) 177 (S.C.C.), consd. [para. 31].

Authors and Works Noticed:

McLeod, James G., and Mamo, Alfred A., Annual Review of Family Law (1994), pp. 70 [para. 21]; 71 [para. 22].

Counsel:

William Kennedy, for the applicant;

Sandra Burke, for the respondent.

This application was heard on October 20, 2000, by Cook, J., of the Newfoundland Supreme Court, Unified Family Court, who delivered the following decision on October 24, 2000.