G.L.R. v. M.M.C., (1998) 164 N.S.R.(2d) 235 (FC)

• Case Date: December 02, 1997
• Jurisdiction: Nova Scotia
• Citations: (1998), 164 N.S.R.(2d) 235 (FC)

G.L.R. v. M.M.C. (1998), 164 N.S.R.(2d) 235 (FC);

    491 A.P.R. 235

MLB headnote and full text

Temp. Cite: [1998] N.S.R.(2d) TBEd. FE.012

G.L.R. (applicant) v. M.M.C. (respondent)

(F.H. No. H95-021)

Indexed As: G.L.R. v. M.M.C.

Nova Scotia Family Court

Gass, J.F.C.

January 20, 1998.

Summary:

The parties had a daughter. The mother also had an older daughter. The parties never married or lived together in a common law relationship. In 1995 the Nova Scotia Family Court awarded custody of the infant daughter to the mother. In 1996 the parties signed a consent order providing for weekend access by the father. Within months of the 1996 order, the mother relocated to British Columbia with the children. The father applied to vary custody.

The Nova Scotia Family Court declined to hear the matter, holding that the balance of convenience favoured the jurisdiction of British Columbia.

Conflict of Laws - Topic 2306

Family law - Custody of and access to children - Forum conveniens - The parties had a daughter - The mother also had an older daughter - The parties never married or lived together in a common law re­lationship - In 1995 the Nova Scotia Fami­ly Court awarded custody of the infant daughter to the mother - In 1996 the parties signed a consent order provid­ing for weekend access by the father - Within months of the 1996 order, the mother relocated to British Co­lumbia with the children - The father applied to vary cus­tody - The Nova Scotia Family Court declined to hear the matter, holding that the balance of convenience favoured the jurisdiction of British Co­lumbia.

Family Law - Topic 2126

Custody and access - Jurisdiction - De­clin­ing jurisdiction - [See Conflict of Laws - Topic 2306 ].

Family Law - Topic 2131

Custody and access - Jurisdiction - Variation of order - Where child out of jurisdiction - [See Conflict of Laws - Topic 2306 ].

Cases Noticed:

Smith v. Smith (1994), 139 N.S.R.(2d) 81; 397 A.P.R. 81 (Fam. Ct.), refd to. [para. 8].

Caudle v. Caudle (1983), 60 N.S.R.(2d) 11; 128 A.P.R. 11 (Fam. Ct.), refd to. [para. 18].

Hjorleifson v. Gooch (1986), 73 N.S.R.(2d) 271; 176 A.P.R. 271 (C.A.), consd. [para. 19].

Sutton v. Sodhi (1990), 94 N.S.R.(2d) 126; 247 A.P.R. 126 (Fam. Ct.), consd. [para. 19].

Burton v. Burton (1986), 74 N.S.R.(2d) 339; 180 A.P.R. 339 (T.D.), consd. [para. 19].

Burgess v. Burgess (1977), 19 N.S.R.(2d) 689; 24 A.P.R. 689 (C.A.), consd. [para. 19].

Lor v. Lor (1978), 25 N.S.R.(2d) 243; 36 A.P.R. 243 (C.A.), appld. [para. 25].

Counsel:

Lee Mitchell, for the applicant;

Richard Arab, for the respondent.

This application was heard on October 8 and December 2, 1997, by Gass, F.C.J., of the Nova Scotia Family Court, who delivered the following decision on January 20, 1998.