Summary

39991

Kelsey Green v. Heidi Green

(Nova Scotia) (Civil) (By Leave)

Keywords

Family law — Custody — Parental alienation — Evidence — Whether the Court of Appeal failed to properly consider the evidence before it and whether it considered other information that was not evidence before it — Whether evidence from the interim appeal was considered in the decision being appealed — Whether the reasoning provided for not granting the motion for extension of time to allow the appeal failed to consider the best interests of justice and the best interests of the children — Whether the Court of Appeal failed to consider the Charter of Rights, Human Rights as well as the children’s rights under the United Nations Convention on the Rights of the Child.

Summary

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The parties separated in 2018. The trial judge rejected the applicant/father’s claim of parental alienation and determined that the best interests of the children would be served in the primary care of the respondent/mother, with specified access to the father. The father attempted to file a Notice of Appeal to challenge the decision. He missed the filing deadline by one day. The Court of Appeal dismissed the father’s motion for an extension of time in which to file his appeal.

Lower Court Rulings

February 16, 2021
Supreme Court of Nova Scotia (Family Division)

1201-071597
Children placed in the primary care of the respondent/mother, with structured and restricted parenting time to the applicant/father
May 31, 2021
Supreme Court of Nova Scotia (Family Division)

1201-071597
See file
August 16, 2021
Nova Scotia Court of Appeal

CA507627
Father’s motion for extension of time to file Notice of Appeal, dismissed