McGrath v. McGrath, 2002 NSSF 49

• Judge: Dellapinna, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: November 07, 2002
• Jurisdiction: Nova Scotia
• Citations: 2002 NSSF 49;(2002), 208 N.S.R.(2d) 391 (SC)

McGrath v. McGrath (2002), 208 N.S.R.(2d) 391 (SC);

 652 A.P.R. 391

MLB headnote and full text

Temp. Cite: [2002] N.S.R.(2d) TBEd. NO.020

Kirk B. McGrath (applicant) v. Nicole Nadine McGrath (respondent)

(1201-56381; SFHD-13546; 2002 NSSF 49)

Indexed As: McGrath v. McGrath

Nova Scotia Supreme Court

Family Division

Dellapinna, J.

November 19, 2002.

Summary:

Spouses separated after 18 years marriage and two children, now aged 16 and 11. After separation, the children inexplicably refused to spend time with their father. A court-appointed assessor determined that the mother was turning the children against their father. The father applied under the Divorce Act for interim joint custody and access and under rule 22 for the mother to be required to undergo a psychiatric assessment.

The Nova Scotia Supreme Court, Family Division, awarded joint custody, access to the father and ordered the mother to undergo a psychiatric assessment.

Family Law - Topic 1881

Custody and access - Considerations in awarding custody - Welfare of child para­mount - Parents of 16 and 11 year old children separated after 18 years' marriage - The father had a good relationship with the children, but they refused to see him after the separation - A court-appointed assessor determined that the mother was frustrating the father/children relationship and that it was in the best interests of the children to re-establish that relationship before permanent harm resulted - The mother continued to resist and frustrate efforts to re-establish a relationship - The assessor believed that the mother might have mental health issues, which the children were held hostage to - The Nova Scotia Supreme Court, Family Division, awarded interim joint custody notwith­standing the children's wishes, which were influenced by their mother and might not reflect their own wishes - The father was awarded access with the assistance of the counsellor - The mother was ordered to undergo a psychiatric assessment, with the results to be disclosed to the court and the father - The court cautioned the mother that further resistance or noncompliance with the court order might result in a change of custody.

Family Law - Topic 1890

Custody and access - Considerations in awarding custody - Child's preference - [See Family Law - Topic 1881 ].

Family Law - Topic 2006.2

Custody and access - Access - Access order - Noncompliance - Termination of custody - [See Family Law - Topic 1881 ].

Family Law - Topic 2051

Custody and access - Interim custody - Considerations - [See Family Law - Topic 1881 ].

Family Law - Topic 2194

Custody and access - Practice - Order for physical or mental assessment of parent - [See Family Law - Topic 1881 ].

Cases Noticed:

Young v. Young et al., [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161, refd to. [para. 30].

Counsel:

G. Douglas Sealy, for the applicant;

Deborah Gillis, for the respondent.

This application was heard on October 23, 28 and November 7, 2002, before Della­pinna, J., of the Nova Scotia Supreme Court, Family Division, who delivered the follow­ing judgment on November 19, 2002.