MacKinnon v. MacKinnon, (2015) 355 N.S.R.(2d) 193 (SC)

Judge:Scaravelli, J.
Court:Supreme Court of Nova Scotia
Case Date:January 13, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 355 N.S.R.(2d) 193 (SC);2015 NSSC 18
 
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MacKinnon v. MacKinnon (2015), 355 N.S.R.(2d) 193 (SC);

    1123 A.P.R. 193

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Temp. Cite: [2015] N.S.R.(2d) TBEd. JA.050

Lawrence Todd MacKinnon (applicant) v. Melinda Lee MacKinnon (respondent)

(Pictou No. 1205-002681; 2015 NSSC 18)

Indexed As: MacKinnon v. MacKinnon

Nova Scotia Supreme Court

Scaravelli, J.

January 26, 2015.

Summary:

In 2007, spouses separated after six years' marriage and two children, then aged five and three. The court awarded joint custody to the spouses, with the mother having primary care and the father having access. The mother was permitted by the court to move with the children to Moncton, New Brunswick, where she lived with the children since 2008. The father remained in New Glasgow, Nova Scotia, and regularly exercised his access. In September 2014, the father applied to vary the custody order, seeking custody of their now 12 year old son. The mother contested the application and moved to have the court decline jurisdiction and transfer the proceedings to New Brunswick courts.

The Nova Scotia Supreme Court held that the son was most substantially connected to New Brunswick and it was in the best interests of the son that the proceedings be transferred to New Brunswick.

Conflict of Laws - Topic 2302

Family law - Custody of and access to children - Jurisdiction of court - In 2007, spouses separated after six years' marriage and two children, then aged five and three - The court awarded joint custody to the spouses, with the mother having primary care and the father having access - The mother was permitted by the court to move with the children to Moncton, New Brunswick, where she lived with the children since 2008 - The father remained in New Glasgow, Nova Scotia, and regularly exercised his access - In September 2014, the father applied to vary the custody order, seeking custody of their now 12 year old son - The mother contested the application and moved to have the court decline jurisdiction and transfer the proceedings to New Brunswick courts - The Nova Scotia Supreme Court held that the son was most substantially connected to New Brunswick and it was in the best interests of the son that the proceedings be transferred to New Brunswick - The son had a stronger connection to New Brunswick, where he had lived for the last six years with the court's approval - Determining the custody issue in New Brunswick, where evidence of the son's present circumstances was available, best served the interests of the son.

Conflict of Laws - Topic 2306

Family law - Custody of and access to children - Forum conveniens - [See Conflict of Laws - Topic 2302 ].

Family Law - Topic 4067

Divorce - Corollary relief - Custody of children - Transfer to jurisdiction or venue of substantial connection - [See Conflict of Laws - Topic 2302 ].

Cases Noticed:

I.B.P. v. M.S.P. (2012), 538 A.R. 361; 2012 ABQB 278, refd to. [para. 9].

Shields v. Shields (2001), 281 A.R. 320; 248 W.A.C. 320; 2001 ABCA 140, refd to. [para. 9].

Counsel:

Applicant, Lawrence Todd MacKinnon, self-represented;

Roseanne Skoke, for the respondent.

This application was heard on January 13, 2015, at Pictou, N.S., before Scaravelli, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on January 26, 2015.

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