Holman v. Christensen, (1991) 106 N.S.R.(2d) 67 (FC)

• Case Date: August 16, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 106 N.S.R.(2d) 67 (FC)

Holman v. Christensen (1991), 106 N.S.R.(2d) 67 (FC);

  288 A.P.R. 67

MLB headnote and full text

Coleen Marie Holman (applicant) v. Steen Richard Christensen (respondent)

(DM90-7628)

Indexed As: Holman v. Christensen

Nova Scotia Family Court

Williams, J.F.C.

August 16, 1991.

Summary:

The unwed mother of a now 1.5 year old boy sought custody and a denial of access to the father. The father consented to the moth­er's custody, but sought unsupervised access.

The Nova Scotia Family Court awarded custody to the mother and specified super­vised access to the father.

Family Law - Topic 1991

Access - Considerations in awarding access - Best interests of child - [See Family Law - Topic 2000.2 ].

Family Law - Topic 1991

Access - Considerations in awarding access - Best interests of child - [See Family Law - Topic 2004 ]

Family Law - Topic 2000.2

Access - Right of access - Natural parents - The Nova Scotia Family Court stated that the following was the correct approach on matters of access by natural parents: (1) both parents were equally entitled to care and custody; (2) the father had a right to foster and maintain a relationship with the child; (3) all decisions must be made in reference to the best interests of the child; and (4) the parent seeking to deny or restrict access had the burden of proving on a balance of probabilities that denial of access or restriction was in the child's best interests - See paragraph 20.

Family Law - Topic 2004

Access - Grounds for refusal, restriction or variation of access - The unwed mother of a 1.5 year old boy sought to deny the father access on the ground that he sexual­ly abused the boy on one occasion - The Nova Scotia Family Court reviewed the evidence in support of sexual abuse and found no basis for the allegation - The father abused alcohol and drugs on an episodic basis, but claimed to now be clean - There was currently no father/child relationship because the father did not see the child for several months - The evi­dence did not establish that there was no benefit to reestablishing a father/child relationship - The court awarded the father limited periods of supervised access with the requirement that he obtain a drug dependency assessment.

Cases Noticed:

Minister of Social Services v. Magnus and Magnus (1983), 21 Sask.R. 416 (C.A.), refd to. [para. 17].

B.M. v. R.M. (1990), 99 N.S.R.(2d) 261; 270 A.P.R. 261 (Co.Ct.), refd to. [para. 17].

A.W. v. C.P. (1985), 67 N.S.R.(2d) 294; 155 A.P.R. 294 (F.C.), refd to. [para. 18].

Pothier v. Pothier (1989), 90 N.S.R.(2d) 50; 230 A.P.R. 50 (Co.Ct.), refd to. [para. 18].

Venoit v. Venoit (1990), 92 N.S.R.(2d) 412; 237 A.P.R. 412, refd to. [para. 20].

R. v. Crowell (1989), 91 N.S.R.(2d) 7; 233 A.P.R. 7, refd to. [para. 54].

R. v. F.E.J. (1990), 36 O.A.C. 348 (C.A.), refd to. [para. 55].

D.M.E. v. Nova Scotia (Minister of Social Services) (1987), 80 N.S.R.(2d) 46; 200 A.P.R. 46, refd to. [para. 66].

Demeester v. Demeester, [1987] Ont.J. No. 1280 (Ont. S.C.), refd to. [para. 66].

Tramble v. Hill (1987), 7 R.F.L.(3d) 85, refd to. [para. 67].

Statutes Noticed:

Family Maintenance Act, R.S.N.S. 1989, c. 160, sect. 18(4), sect. 18(5) [para. 16].

Authors and Works Noticed:

Davies, Christine, Family Law in Canada, p. 542 [para. 17].

Myers, Expert Testimony in Child Sexual Abuse Litigation (1989), 68 Neb. Law Rev., generally [para. 63].

Counsel:

Kathleen Hall, for the applicant;

Elizabeth Wood, for the respondent.

This application was heard on May 29 to 31, 1991, before Williams, J.F.C., of the Nova Scotia Family Court, who delivered the following judgment orally on August 16, 1991.