Nova Scotia Supreme Court denies mother's relocation request in child custody case

The Supreme Court of Nova Scotia recently refused a mother's request to relocate her two children from Bridgewater to Portuguese Cove, locations in Nova Scotia approximately an hour and 15 minute drive apart.

The parties were residing in their hometown of Bridgewater when they separated in 2020. They signed a separation agreement the next year. Their children, aged six and 10, spent equal time with both parents. In 2022, the mother started living together with her new partner in Portuguese Cove.

The mother wanted to relocate the children to Portuguese Cove so that they could primarily reside with her. The father opposed this proposal, which would allegedly disrupt the children's established routine in Bridgewater.

This dispute involved an application of s.18H of Nova Scotia’s Parenting and Support Act, 1989 and a consideration of factors such as the children's history of care, their physical and emotional needs, the stability of their relationships with their parents and extended family, and the parents’ communication.

Relocation refused

In C.D.B. v. R.S.F.G., 2024 NSSC 228, the Nova Scotia Supreme Court denied the application to relocate the children to Portuguese Cove. The court concluded that the proposed move would not provide stability and would not serve the best interests of the children, who were thriving under the current arrangement.

First, regarding history of care, the court noted that both parents were equally involved in the children's lives since their separation, with both attending medical appointments, school events, and extracurricular activities.

Second, the court ruled that both parents could meet the children’s physical, emotional, social, and educational needs. Based on the evidence, the court dismissed the mother’s concerns about the father’s alleged physical violence, his missing the children’s medical appointments, and the presence of foreign exchange students in his home. The court noted that the father participated in counselling and made positive changes in his life since the separation.

Third, the court found that the parents did have communication issues and did not fully support each other's role in the children's lives. However, the parents did not actively undermine each other, even if the mother did criticize the father’s parenting ability and did seek to limit his involvement in medical decisions, the court said.

Next, the court decided that the father’s plan for the children’s care and upbringing provided more stability because it involved maintaining the current routine in Bridgewater, where the children had deep connections to their community and extended family. In particular, the paternal grandparents were heavily involved in their daily lives, the court noted.

Lastly, the court concluded that relocating the children to Portuguese Cove would significantly disrupt their lives, including by changing their schools multiple times and by removing them from their familiar surroundings, extended family, and community.