Citation: McAleer v. Farnell, 2009 NSCA 14
Date: 20090206
Docket: CA 298737
Registry: Halifax
Between:
Helen M. McAleer
Appellant
v.
Jason David Edward Farnell
Respondent
JUDGE: MacDonald, C.J.N.S.
APPEAL HEARD: December 11, 2008
SUBJECT: Family Law, parenting, applications to vary, primary care. Applicable principles: Gordon v. Goertz (1996), 2 S.C.R. 27 (S.C.C.).
SUMMARY: The parties filed opposing applications to vary; each seeking primary care of their 5 year old son. The trial judge ruled for the father. The mother appeals to this court asserting that the judge erred. She asks this court to reverse the ruling, submitting that the judge’s reasons were deficient and that, in any event, he misapplied the principles established by the Supreme Court of Canada in Gordon v. Goertz (1996), 2 S.C.R. 27 (S.C.C.).
Specifically, she seeks an order for primary care or, alternatively, a new hearing.
ISSUES: 1. The adequacy of the judge’s written reasons.
2. The judge’s handling of the relevant legal principles.
3. The appropriate relief, should our intervention be required?
- 2 -
RESULT: Appeal allowed.
1. The judge’s reasons were adequate.
2. Respectfully, the judge misapplied the principles set out in Gordon v. Goertz (1996), 2 S.C.R. 27 (S.C.C.) - specifically, the desirability of maximizing contact between the child and both parents.
3. A new hearing is appropriate in the circumstances.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 14 pages. |