Milton v. Spurvey, 2015 NSSC 407

SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Milton v. Spurvey , 2015 NSSC 407 ENDORSEMENT September 1, 2015 Re: Sharles Milton and Ashley Spurvey Court files: SFHMCA-092443 and 1201-068677

(096048) Child: Asiya Charles Milton, […], 2013 Issues: Custody, access and Mobility Ms. Spurvey has requested to move with the child to Edmonton, Alberta. Decision : Custody [ 1 ] Ms. Spurvey and Mr. Milton will enjoy joint custody of the child, Asiya Charles Milton, born […], 2013. Ms. Spurvey will have primary care of the child and the child's residence will be in Edmonton, Alberta. Access [ 2 ] On May 15, 2014 Mr. Milton received a conditional discharge sentence in relation to several charges arising from his contact with Ms. Spurvey.

A condition of his probation is to have no contact indirectly or directly with Ashley Spurvey. Until the Court agrees to vary the no contact provision Mr. Milton is subject to in relation to Ms. Spurvey or Mr. Milton's probationary period / condition expires (likely November 15, 2015), Mr. Milton wil1 not be able to arrange for contact / parenting time with the child through Ms. Spurvey and Mr. Milton will not be in a position to discuss the child's circumstances with Ms. Spurvey directly or indirectly except through legal counsel. [ 3 ] The following conditions will only apply once Mr.

Milton has the legal right to have direct and or indirect contact with Ms. Spurvey: • Ms. Spurvey will not make any major developmental decision regarding the child which may affect the child's education, health, medical care or her relationship with Mr. Milton without first consulting with Mr. Milton and considering in good faith his input. The parties will make reasonable efforts to reach an agreement on such major developmental decisions within a reasonable period of time but, failing an agreement, Ms.

Spurvey will have the final say. • Both parties will be entitled to attend any functions and meetings relating to the child that parents are normally entitled to attend such as school related events, medical and dental appointments, recreational activities, concerts and the like. • Mr. Milton will have Skype contact with the child with the assistance of Ms. Spurvey each Sunday and Wednesday at 4:00 p.m., Edmonton Alberta time. Such Skype access will be for a period of approximately 20 to 30 minutes.

Any "missed" Skype time will be replaced with alternate Skype contact within 30 days following the missed Skype contact.

o A third party facilitator may be identified by the parties through their counsel until the no contact condition Mr. Milton is subject to in relation to Ms. Spurvey is varied or expires. [ 4 ] Until the no contact condition Mr. Milton is subject to in relation to Ms. Spurvey is varied by the Court or expires and for the period thereafter: • Both parties will be entitled to receive and to request information relating to the child such as school progress reports, medical reports, information regarding the child's recreational activities and the like. Ms. Spurvey will ensure Mr.

Milton's name is added as a parent / guardian entitled to information from all service providers. o While the no contact provision is still applicable Ms. Spurvey will relay identifying information and contact information for all the child's service providers to Mr. Milton's legal counsel either through her own legal counsel or through Mr. Milton's legal counsel. • Because of the distance that will likely exist between Mr. Milton and the child's service providers, the Court's order will also include a provision that places an obligation on Ms. Spurvey to share with Mr.

Milton any information she may receive concerning the child's education, health, recreational activities and the like. This obligation on Ms. Spurvey will only operate once the no contact condition (Mr. Milton is subject to in relation to Ms. Spurvey), is varied by the Court or expires but does not in any way limit Mr. Milton's right to secure such information directly from the service provider as permitted by the Court's order. o Once the no contact condition is varied by the Court or expires, Ms. Spurvey is not obligated to have direct contact with Mr. Milton but must ensure every effort is made for Mr.

Milton to have meaningful ongoing contact with the child. o If the parties choose not to have direct contact the parties shall make use of an online confidential family sharing website in order to share information and to allow Ms. Spurvey to request input from Mr. Milton with respect to the child's development. Access to the website shall be for the use of Ms. Spurvey and Mr. Milton only. [ 5 ] Ms. Spurvey has the right to relocate to Edmonton, Alberta with the child and it is assumed Mr.

Milton will be remaining in Halifax, Nova Scotia but should he relocate to Edmonton Alberta, or another location, from (Halifax, Nova Scotia) I or should Ms.

Spurvey relocate from (Edmonton, Alberta) their stated residences at the time this Order was granted, they shall give at least 60 days advance written notice to the other party of their intention to do so. • The Court has made this obligation mutual because the advance notice requirement gives both parties an opportunity to assess whether the relocation impacts on the child's relationship and time spent with either of her parents and, if so, an opportunity to discuss how that impact should be addressed. Until the no contact provision Mr. Milton is subject to in relation to Ms.

Spurvey is varied by the Court or expires, the information shall be shared through legal counsel. [ 6 ] Both of the parties will keep the other informed of any changes to his or her home address, home phone number, cell phone number, work address and any other means of contact such as e-mail addresses and the like. The exchange of information shall take place through legal counsel until the no contact condition Mr. Milton is subject to in relation to Ms. Spurvey is varied by the Court or expires. [ 7 ] Mr. Milton will have parenting time with the child as follows: • In 2015 Mr.

Milton will have parenting time with the child at a minimum of at least one occasion to be agreed upon by the parties and facilitated by Ms. Spurvey's travel to Halifax Nova Scotia with the child. Mr. Milton shall give Ms. Spurvey 60 days' notice of his preferred parenting time during December 2015. o If the parties are unable to agree on the dates for travel and parenting time Mr. Milton shall have parenting time with the child between Dec 21 - December 30, 2015, a period of not less than 9 days and up to 10 days.

o Such parenting time will take place in Halifax, Nova Scotia unless the parties agree on another location. o Ms. Spurvey will be responsible for the financial cost of her travel from Edmonton, Alberta to Halifax, Nova Scotia with the child and the parties will share equally in the financial cost of the child's travel from Edmonton, Alberta to Halifax, Nova Scotia. Mr. Milton shall transfer funds to Ms. Spurvey for his share of the child's travel expenses within ten days after receiving confirmation of the ticket booking and cost. o The following conditions will apply to Mr .

Milton's parenting time: ▪ For the first two days Mr. Milton will have parenting time with the child for half days either from 9:30 a.m. to 1:30 p.m. or from 1:30 p.m. to 5:30 p.m., or in the evening(

s) until 7:00 p.m., or as agreed by the parties. If there is no agreement, the choice will be Mr. Milton's. ▪ On the third, fourth and fifth days Mr. Milton will have parenting time from 9:30 a.m. to 4:00 p.m., or in the evening(

s) until 7:00 p.m., or as agreed between the parties. If there is no agreement the choice will be Mr. Milton's. ▪ For the remaining five or six days Mr. Milton may exercise parenting time from 9:30 a.m. on day six until 1 :00 pm on the last full day (not the day of return travel) of the child's visit to Halifax, Nova Scotia (not less than 9 days and up to 10 days) or as agreed between the parties. If there is no agreement the choice will be Mr. Milton's. ▪ Mr. Milton shall ensure Ms. Spurvey is permitted one telephone call per day with the child during any overnight visit (up to 20 to 30 minutes duration, at Ms.

Spurvey's discretion). ▪ Any costs associated with Mr. Milton's parenting time in Halifax, Nova Scotia will be paid by Mr. Milton. • If the Court varies the no contact condition which exists between Mr. Milton and Ms. Spurvey, or once the no contact condition expires, Mr. Milton shall have a right to up to IO days of access time any other month (in each of the months of September, October and November 2015) in the child's home city of Edmonton, Alberta. Mr. Milton must give Ms. Spurvey 30 days' written notice in advance of any parenting time requested in the child's home city of Edmonton, Alberta. Mr.

Milton shall also provide to Ms. Spurvey documentation (certified by the Provincial Court of Nova Scotia), verifying the no contact condition has been varied by the Court or has expired. o Ms. Spurvey shall make best efforts to accommodate Mr. Milton's request. o Such parenting time will take place in the child's home city of Edmonton, Alberta unless the parties agree on another location. o The following conditions would apply to such parenting time: ▪ 9:30 am - 4:00 p.m., or in the evening(

s) until 7:00 p.m., for the first two days, or as agreed between the parties. If there is no agreement the choice will be Mr. Milton's. ▪ 9:30 am on the third day until I :00 pm on the last full day of Mr. Milton's scheduled visit or as agreed between the parties. If there is no agreement the choice shall be Mr. Milton's. ▪ Mr. Milton shall ensure Ms. Spurvey is permitted one telephone call per day with the child during any overnight visit (telephone call may be up to 20 or 30 minutes in duration at Ms. Spurvey's discretion). ▪ Any cost associated with Mr.

Milton's parenting time in Edmonton, Alberta shall be paid by Mr. Milton. • In 2016, provided Mr. Milton exercised the minimum parenting time allowed in Halifax in 2015, Mr. Milton will have parenting time with the child for two periods of 10 days each in July and / or August and in December 2016 in Halifax , Nova Scotia, which two 10 day periods will not be consecutive unless both parties agree. o If the parties are unable to agree Mr. Milton shall choose a time in July and / or August and in December when Ms. Spurvey is not participating in post-secondary classes. o Mr. Milton shall provide Ms.

Spurvey with at least 90 days advance notice of his chosen parenting time for each of the two 10 day periods. If Mr. Milton fails to provide such notice, Ms. Spurvey may choose when Mr. Milton's parenting will be arranged during the identified periods / months. o Such parenting time will take place in Halifax, Nova Scotia unless the parties agree on another location. o Ms. Spurvey will be responsible for the financial cost of her travel to Nova Scotia with the child and the parties will share equally in the financial cost of the child's travel to Nova Scotia. Mr. Milton shall transfer funds to Ms.

Spurvey for his share of the child's travel expenses within ten days after receiving confirmation of the ticket booking and cost. o The following conditions will apply to such parenting time: ▪ For the first two days Mr. Milton will have parenting time for half days either from 9:30 a.m. to I :30 p.m. or from I :30 p.m. to 5:30

p.m. , or in the evening(

s) or as agreed by the parties. If there is no agreement Mr. Milton will choose. ▪ On the third day Mr. Milton will have parenting time from 9:30 a.m. to 4:00 p.m. or in the evening(

s) or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ For the remaining days Mr. Milton may exercise parenting time from 9:30 a.m. on day six until 1:00 pm on the last full day of the child's visit to Halifax (not less than 9 days and up to 10 days) or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ Mr. Milton shall ensure Ms. Spurvey is permitted one telephone call per day with the child during any overnight visit (up to 20 or 30 minutes in duration at Ms. Spurvey's discretion). ▪ Any costs associated with Mr.

Milton's parenting time in Halifax, Nova Scotia will be paid by Mr. Milton. • In 2016 Mr. Milton shall have a right to up to 10 days of parenting time in the child's home city of Edmonton, Alberta (in each of the months of January, February, March, April, May, June, September, October, and November). Mr. Milton must give Ms. Spurvey 30 days' written notice in advance of any parenting time requested in the child's home city of Edmonton, Alberta. o Ms. Spurvey shall make best efforts to accommodate Mr.

Milton's request. o Such parenting time will take place in the child's home city of Edmonton, Alberta unless the parties agree on another location. o The following conditions will apply to such parenting time: ▪ 9:30 am - 5:00pm for the first two days or in the evening(

s) or as agreed by the parties. If there is no agreement Mr. Milton will decide. ▪ 9:30 am on the third day until I :00 pm on the last full day of his scheduled visit to the child's home city or in the evening(

s) or as agreed by the parties. If there is no agreement Mr. Milton will decide. ▪ Any cost associated with the parenting time in Edmonton Alberta will be paid by Mr. Milton. • In 2017, provided Mr. Milton exercised the minimum parenting time in Halifax in 2015 and 2016, Mr. Milton will have parenting time with the child for a minimum of six weeks (in February / March and / or July / August and / or December), in Halifax, Nova Scotia, with no more than two weeks at a time running consecutively and a maximum of three trips to Nova Scotia unless the parties agree otherwise. Therefore, Mr.

Milton could have three blocks of two weeks each parenting time. Such parenting time will not interfere with the child's attendance at school (if she is attending school by that time). o If the parties are unable to agree Mr. Milton shall choose a time in February / March and / or July / August and / or December when Ms. Spurvey is not participating in post-secondary classes. o Mr. Milton shall provide Ms. Spurvey with at least 90 days advance notice of his chosen parenting time for each of the three blocks of two weeks each. If Mr. Milton fails to provide such notice, Ms. Spurvey may choose when Mr.

Milton's parenting will be arranged during the identified periods. o Such parenting time will take place in Halifax, Nova Scotia unless the parties agree on another location. o Ms. Spurvey will be responsible for the financial cost of her travel to Nova Scotia with the child and the parties will share equally in the financial cost of the child's travel to Nova Scotia. Mr. Milton shall transfer funds to Ms.

Spurvey for his share of the child's travel expenses within ten days after receiving confirmation of the ticket booking and cost. o Unless the parties agree otherwise, the following conditions will apply to such parenting time: ▪ For the first two days Mr. Milton will have parenting time for half days either from 9:30 a.m. to 1:30 p.m. or from 1:30 p.m. to 5:30 p.m. or in the evening(

s) until 7 p.m., or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ On the third day Mr. Milton will have parenting time from 9:30 a.m. to 4:00 p.m. or in the evening (

s) until 7:00 p.m., or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ For the remaining days Mr. Milton may exercise parenting time from 9:30 a.m. until l :00 pm on the last full day of the child's visit to Halifax (not more than two weeks consecutively in Mr. Milton's care) or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ Mr. Milton shall ensure Ms. Spurvey is permitted one telephone call per day with the child during any overnight visit (up to 20 or 30 minutes in duration at Ms. Spurvey's discretion). ▪ Any costs associated with Mr. Milton's parenting time in Halifax, Nova Scotia will be paid by Mr. Milton.

• In 2017, Mr. Milton shall have a right to up to 10 days of access time any other month (each month of January, April, May, June, September, October, and November) when he may travel to the child's home city of Edmonton, Alberta. Mr. Milton must give Ms. Spurvey 30 days' written notice in advance of parenting time requested in the child's home city of Edmonton, Alberta. o Ms. Spurvey shall make best efforts to accommodate Mr.

Milton's request. o Such parenting time will take place in the child's home city of Edmonton Alberta, unless the parties agree on another location. o The following conditions will apply to such parenting time: ▪ 9:30 am - 5:00pm for the first two days or in the evening(

s) until 7:00 p.m., or as agreed between the parties. If there is no agreement the choice shall be Mr. Milton's. ▪ 9:30 am on the third day until 1:00 pm on the last full day of his scheduled visit to the child's home city or as agreed between the parties. If there is no agreement the choice shall be Mr. Milton's. ▪ Mr. Milton shall ensure Ms. Spurvey is permitted one telephone call per day with the child during any overnight visit (up to 20 or 30 minutes in duration at Ms. Spurvey's discretion). ▪ Any costs associated with the parenting time in Edmonton, Alberta will be paid by Mr.

Milton. • In 2018 and each year thereafter unless varied by a Court order or a written agreement between the parties, and provided Mr. Milton exercised the parenting time allowed in Halifax Nova Scotia in 2015, 2016 and 2017, Mr. Milton will have parenting time with the child for a minimum of five weeks each summer (which weeks may be consecutive) as well as seven days during the child's Spring Break from school. o If the parties are unable to agree Mr. Milton shall choose a time during Ms .

Spurvey's and the child ' s spring break February or March , and during the summer months of July and I or August, up to the third week of August each year. Unless there is agreement otherwise. o Mr. Milton shall provide Ms. Spurvey with at least 90 days advance notice of his chosen parenting time for each of the block periods. If Mr. Milton fails to provide such notice, Ms. Spurvey may choose when Mr. Milton's parenting will be arranged during the identified periods / months. o Such parenting time will take place in Halifax, Nova Scotia unless the parties agree on another location. o Ms.

Spurvey will be responsible for the financial cost of her travel to Nova Scotia with the child and the parties will share equally in the financial cost of the child's travel to Nova Scotia. Mr. Milton shall transfer funds to Ms. Spurvey for his share of the child's travel expenses within ten days after receiving confirmation of the ticket booking and cost. o The following conditions will apply to such parenting time: ▪ For the first two days Mr. Milton will have parenting time for half days either from 9:30 a.m. to 1:30 p.m. or from I :30 p.m. to 5:30 p.m. or in the evening(

s) until 7:00 p.m., or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ On the third day Mr. Milton will have parenting time from 9:30 a.m. to 4:00 p.m . or in the evening(

s) until 7:00 p.m., or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ For the remaining days Mr. Milton may exercise parenting time from 9:30 a.m. until 1:00 pm on the last full day of the child's visit to Halifax (not more than two weeks consecutively in Mr. Milton's care), or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ Mr. Milton shall ensure Ms. Spurvey is permitted one telephone call per day with the child during any overnight visit (up to 20 or 30 minutes in duration at Ms. Spurvey's discretion). ▪ Any costs associated with Mr.

Milton's parenting time will be paid by Mr. Milton. • In 2018, and each year thereafter unless varied by a Court order or a written agreement between the parties, and provided Mr. Milton exercised the parenting time allowed in Halifax Nova Scotia in 2015, 2016 and 2017, Mr. Milton may have parenting time in the child's home city of Edmonton, Alberta (in each of January, April, May, June, September, October and November), over a 10 day period per month as permitted by the child's school

schedule (if the child is attending school). Mr. Milton must give Ms. Spurvey 30 days' written notice in advance of parenting time requested in the child's home city of Edmonton Alberta. o Ms. Spurvey shall make best efforts to accommodate Mr. Milton's request. o Such parenting time will take place in the child's home city of Edmonton, Alberta unless the parties agree on another location. o The following conditions will apply to such parenting time: ▪ 9:30 am - 5:00pm for the first two days, or in the evening(

s) until 7:00 p.m., or as agreed between the parties. If there is no agreement Mr. Milton will choose.

▪ 9:30 am on the third day until 1:00 pm on the last full day of his scheduled visit to the child's home city or as agreed between the parties. If there is no agreement Mr. Milton will choose. ▪ Mr. Milton shall ensure Ms. Spurvey is permitted one telephone call per day with the child during any overnight visit (up to 20 or 30 minutes in duration at Ms. Spurvey's discretion). ▪ Any cost associated with the parenting time will be paid by Mr. Milton. [ 8 ] If Mr. Milton arranges his

schedule such that he is able to exercise additional parenting time with the child in Edmonton , Alberta then, beginning in 2015, Mr. Milton may have additional parenting time with the child (in addition to the l0 days per month) with such additional times to be agreed upon by the parties. [ 9 ] Mr. Milton may have such other additional parenting time with the child as the parties may agree upon from time to time. [ 10 ] Ms. Spurvey may also have Skype contact with the child when the child is in the care of Mr. Milton in Halifax.

Such contact will not exceed two occasions per week (unless the parties agree otherwise) and each session will be for a reasonable period of time, not to be in excess of 30 minutes. Cormier, J.