R.B.N. v. M.J.N., (2002) 210 N.S.R.(2d) 179 (CA)

• Judge: Oland, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: December 24, 2002
• Jurisdiction: Nova Scotia
• Citations: (2002), 210 N.S.R.(2d) 179 (CA);2002 NSCA 165

R.B.N. v. M.J.N. (2002), 210 N.S.R.(2d) 179 (CA);

 659 A.P.R. 179

MLB headnote and full text

Temp. Cite: [2002] N.S.R.(2d) TBEd. DE.026

R.B.N. (appellant/applicant) v. M.J.N. (respondent)

(CA 188819; 2002 NSCA 165)

Indexed As: R.B.N. v. M.J.N.

Nova Scotia Court of Appeal

Oland, J.A.

December 24, 2002.

Summary:

A mother who had interim custody of two children removed them from Halifax to Atlanta without notifying their father. The father sought their return to Nova Scotia.

The Nova Scotia Supreme Court, Family Division, in a decision reported 210 N.S.R.(2d) 161; 659 A.P.R. 161, did not or­der the return of the children but ordered that the father be given block access. The access, which previously had been pro­fessionally supervised, would be unsuper­vised except that the father's common law wife had to be present for a period of six months while the father exercised his access. The parties made written submissions respec­ting the details of access. The mother ap­pealed and applied for a stay of the removal of professional super­vision during access.

The Nova Scotia Supreme Court, Family Division, in a decision reported 210 N.S.R.(2d) 169; 659 A.P.R. 169, granted the father three periods of block access to take place in Nova Scotia at Christmas, Spring Break and Summer. The court ordered the mother to pay for all costs of transportation.

The Nova Scotia Court of Appeal, per Oland, J.A., dismissed the mother's applica­tion for a stay.

Family Law - Topic 1918

Custody and access - Appeals - Stay pend­ing appeal - A motions' judge granted unsupervised block access in Nova Scotia to a father whose two children, who included a boy with special needs, were removed from Halifax to Atlanta without notice by their interim custody mother - The motions judge also removed the pro­fessional supervision that had accompanied the father's access - The motions judge opined that the mother's deep belief that sexual abuse had occurred and that the father was the perpetrator had become the prob­lem in the parties' dealings with the children - He indicated that, while he could not say with any certainty that abuse did not happen, he could say "with a great deal of comfort" that it was much more likely that it had not happened than that it did - The mother appealed and sought a stay of the supervision removal order arguing special circumstances and com­plaining of the absence of a full hearing on professional supervision - The Nova Scotia Court of Appeal, per Oland, J.A., dis­missed the motion.

Cases Noticed:

Aulwes v. Mai (2002), 206 N.S.R.(2d) 312; 645 A.P.R. 312 (C.A.), consd. [para. 15].

Fulton Insurance Agencies Ltd. v. Purdy (1991), 100 N.S.R.(2d) 341; 272 A.P.R. 341 (C.A.), refd to. [para. 15].

Millett v. Millett (1974), 9 N.S.R.(2d) 26 (C.A.), refd to. [para. 20].

Routledge v. Routledge (1986), 74 N.S.R.(2d) 290; 180 A.P.R. 290 (C.A.), refd to. [para. 20].

Children's Aid Society of Halifax v. B.M.J. (2000), 189 N.S.R.(2d) 192; 590 A.P.R. 192 (C.A.), refd to. [para. 20].

Ryan v. Ryan (1999), 197 N.S.R.(2d) 315; 616 A.P.R. 315 (C.A.), refd to. [para. 20].

MacDougall v. Mombourquette, [2001] N.S.J. 549, refd to. [para. 20].

Counsel:

Myrna L. Gillis, for the appel­lant/applicant;

B. Lynn Reierson, for the respondent.

This application was heard on December 5, 2002, by Oland, J.A., of the Nova Scotia Court of Appeal.

Oland, J.A., delivered the following deci­sion on December 24, 2002.