It upheld findings regarding the mother's ability to provide a stable environment for the child
The Nova Scotia Court of Appeal has upheld a decision granting primary care of a five-year-old child to her mother, rejecting the father’s allegations of judicial bias and errors in assessing the evidence.
The dispute arose after the parents, who ended their relationship in 2022, sought primary care for their daughter. The trial judge found that the mother had been the child’s primary caregiver, provided stability, and maintained consistent care throughout their separation. The father argued that the trial judge improperly weighed the evidence, misapprehended facts, and failed to consider his parenting plan adequately. He also claimed bias, alleging that the judge based the decision on his prior criminal charge for assault, from which he was later acquitted.
The Court of Appeal rejected the father’s claims, reaffirming the strong presumption of judicial impartiality. It found no evidence that the trial judge’s demeanor or comments during the trial demonstrated bias. The court noted the judge’s clear focus on the child’s best interests and dismissed the father’s motion to admit fresh evidence of his acquittal, as the criminal charge had no bearing on the judge’s decision.
In her ruling, the trial judge emphasized the mother’s role as the child’s primary caregiver, her stable employment, and her ability to provide a supportive environment. The father’s reliance on his mother for childcare and his unemployment raised concerns about his parenting plan’s feasibility. While the father highlighted the importance of shared parenting, the judge found his unilateral decisions, such as enrolling the child in a school without the mother’s consent, undermined cooperative co-parenting.
The appellate court also addressed the sufficiency of the trial judge’s reasons. While the judge did not explicitly reference the statutory factors under the Parenting and Support Act, the court held that her decision adequately considered the child’s best interests, including stability, caregiving history, and the parties’ ability to co-parent.
The trial judge’s order granted the mother primary care and joint decision-making authority, with provisions for the father’s parenting time on alternating weekends and specific weekdays. The court directed both parents to engage in anger management counseling and maintain respectful communication to minimize conflict.
The Court of Appeal concluded that the trial judge’s decision was well-founded and dismissed the appeal, emphasizing the importance of the child’s best interests in family law proceedings.
