Amazon v. Minniefield, 2019 NSSC 16

SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Amazon v. Minniefield, 2019 NSSC 16 Date: 20190111 Docket: SFH-PSA 111055 Registry: Halifax Between: Nuri Amazon Applicant v. Sasha Minniefield Respondent LIBRARY HEADING Judge: The Honourable Justice Elizabeth Jollimore Heard: January 10-11, 2019

Summary: Motion for interim parenting arrangement for 14-month old child. Key words: Family law, interim parenting, best interests, family violence, abuse or intimidation, maximum contact Legislation: Parenting and Support Act , R.S.N.S. 1989, c. 160, subsection 2(da), subsection 18(6) , subsection 18(7) , subsection 18(8) THIS INFORMATION SHEET DOESN’T FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET . SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Amazon v. Minniefield , 2019 NSSC 16 Date: 20190111 Docket: SFH-PSA 111055 Registry: Halifax Between: Nuri Amazon Applicant v.

Sasha Minniefield Respondent DECISION Judge: The Honourable Justice Elizabeth Jollimore Heard : January 10-11, 2019 Counsel: Susanne M. Litke for Nuri Amazon Eugene Tan for Sasha Minniefield Introduction [ 1 ] This is an oral decision in an interim parenting motion about K’Lil Minniefield, a 14-month old child born to Sasha Minniefield. The applicant is Nuri Amazon. Sasha Minniefield is the respondent. Both parties are represented by lawyers. I may release this decision in writing and, if I do so, I reserve the right to edit it for citations, grammar and organization.

Standing [ 2 ] For the purpose of this interim motion, there is no challenge to Nuri Amazon’s standing to seek a parenting order under the Parenting and Support Act , R.S.N.S. 1989, c. 160. Nuri Amazon is designated as K’Lil’s father on the child’s birth certificate, but there is reference to a sperm donor being involved in K’Lil’s conception. No party has directly disclosed whether Nuri Amazon has a biological relationship to K’Lil. Jurisdiction [ 3 ] K’Lil was born in Ohio in late 2017. Sasha Minniefield filed a parenting application in Ohio on May 7, 2018.

The Central Authority for the Hague Convention applications in Nova Scotia was given notice of Sasha Minniefield’s claim the same day. The effect of this notice is to insure judges and administrative authorities in Nova Scotia do not make any parenting decision about K’Lil until there’s been a decision that K’Lil isn’t to be returned to Ohio under the Convention, or a reasonable time has passed since the Central Authority received the notice and no Hague Convention application has been lodged. [ 4 ] A hearing is scheduled in Ohio next Friday.

I do not know its focus. [ 5 ] For the purpose of this interim motion, the parties are not disputing my jurisdiction in the face of the notice. They agree that I may make an interim parenting decision despite it. Parenting [ 6 ] Parenting arrangements are determined on the child’s best interests. The Parenting and Support Act directs me to consider “all relevant circumstances, including” ten listed circumstances: subsection 18(6) . [ 7 ] While the parties filed far more material than permitted in interim motions, neither has offered much evidence that directly relates to K’Lil.

Rather, the evidence has reviewed their history before the child’s birth, and their views about each other. Tangentially, some of this information happens to address some of K’Lil’s circumstances. I am concerned how little the parties have focused on K’Lil. As a judge making a parenting decision about a 14-month old child, I would prefer more evidence about the child, for example, • How much does K’Lil speak? Can K’Lil say more than “owl” in three languages? • Where is K’Lil in progressing toward being toilet trained? • What is K’Lil’s sleep schedule? • Does K’Lil have a nap schedule? • What is K’Lil’s diet?

• Is K’Lil still nursing? • Is K’Lil teething? [ 8 ] All this information is relevant to a parenting arrangement. None of it was provided. K’Lil has been in Nuri Amazon’s exclusive care since August 2018.

Nuri Amazon has filed over fifty pages of materials without providing this basic information. [ 9 ] Under subsection 18(6) of the Parenting and Support Act , relevant to K’Lil are considerations of: • K’Lil’s physical, emotional, social and educational needs (including the need for stability and security) • Each party’s willingness to support the development and maintenance of K’Lil’s relationship with the other party • The history of K’Lil’s care • K’Lil’s religious upbringing, and heritage • The nature, strength and stability of K’Lil’s relationship with each party • Each party’s ability to communicate and co-operate with the other • The impact of family violence, abuse or intimidation on the “perpetrator’s” ability to meet the child’s needs; and • The appropriateness of an arrangement requiring the parties’ co-operation K’Lil’s needs [ 10 ] At different times, each party has been predominantly responsible for meeting K’Lil’s needs.

For example, Sasha Minniefield cared for K’Lil predominantly between January and April 2018. Nuri Amazon has cared exclusively for K’Lil since August 2018. There is no evidence of any deficiency in K’Lil’s care during these times. Each is able to meet K’Lil’s physical, emotional, social and educational needs, including the need for stability and security. Each party’s willingness to support K’Lil’s relationship with the other [ 11 ] Nuri Amazon has demonstrated an unwillingness to support the development and maintenance of K’Lil’s relationship with Sasha Minniefield.

Since August 2018, Sasha Minniefield was been denied contact with the child unless Sasha Minniefield agreed to abide by terms imposed by Nuri Amazon. [ 12 ] Initially, the terms were that Sasha Minniefield submit to access supervised by staff at Veith House.

This means that contact would be restricted to a particular location and Sasha Minniefield and K’Lil would be supervised by someone unknown to either of them who would document their interactions and provide copies of those notes to both parties and this court. [ 13 ] The demand for supervision – of any sort - is not based in any requirement of the Department of Community Services, or the Provincial Court. [ 14 ] Nuri Amazon admitted that the Department of Community Services’ condition was that Sasha Minniefield and Nuri Amaon could not both be in K’Lil’s presence at the same time.

The Department did not require Sasha Minniefield’s parenting time with K’Lil be supervised. [ 15 ] Since the parties were before me in court on November 2018, Sasha Minniefield has had nine visits with K’Lil. These visits didn’t start until mid-December. [ 16 ] Visits have each been one hour long. These visits have afforded K’Lil and Sasha Minniefield the opportunity to play and interact, and for Sasha Minniefield to feed K’Lil food provided by Nuri Amazon.

The supervisors arranged the visits so that Sasha Minniefield wouldn’t change K’Lil’s diaper. [ 17 ] Sasha Minniefield reported that during the visits, the supervisors could be a distraction to K’Lil, kissing and touching K’Lil. [ 18 ] Contact that’s meaningful to a child is so much more than the opportunity for a distracted child to play with a parent. [ 19 ] Contact that is meaningful does involve play. It also involves opportunities to perform basic care functions: to feed, to soothe, to change diapers, to dress, to put down for sleep, to assist when waking from sleep.

Performing these functions lets the child become secure in the knowledge that their needs will be met by the person with whom they are having contact. [ 20 ] K’Lil has been denied this meaningful contact with Sasha Minniefield. [ 21 ] I am not able to comment on the legal action in Ohio. I have no evidence about pleadings, process or law in Ohio and whether they represent an unwillingness to support the development and maintenance of K’Lil’s relationship with Nuri Amazon.

K’Lil’s history of care [ 22 ] At times, Sasha Minniefield and Nuri Amazon have lived in the same place and both been involved in caring for K’Lil. At times, the two have lived apart and cared exclusively for K’Lil. At 14 months, K’Lil has received exclusive care from each party. K’Lil’s upbringing and heritage

[ 23 ] Nuri Amazon wants K’Lil raised in the Jewish faith. Sasha Minniefield has acquiesced in this. At 14 months, raising K’Lil in the Jewish faith has meant ensuring K’Lil is present when faith-based activities are happening. [ 24 ] Sasha Minniefield is an African American. This is a distinct aspect of K’Lil’s heritage which I must consider. The quality of K’Lil’s relationship with each party [ 25 ] In terms of the quality of K’Lil’s relationship with each party, neither has told me about any discomfort K’Lil demonstrated when re-united with either of the parties after a prolonged absence.

The parties’ ability to communicate and co-operate regarding K’Lil [ 26 ] The parties’ ability to communicate and co-operate is limited. Sasha Minniefield is subject to a recognizance dated November 23, 2018. This requires Sasha Minniefield to have no direct or indirect contact or communication with Nuri Amazon except: • through a lawyer • in accord with a written separation agreement or court order for access to a child or • through an agreed third party. [ 27 ] Even without the recognizance limiting them, the parties’ ability to communicate is poor.

The affidavits filed by each reveal that much of the time the parties lived in the same home it was tumultuous. The differences in their narratives represent either credibility deficits or little common basis of understanding. Either supports the conclusion the parties’ ability to communicate is poor. The impact of family violence, abuse or intimidation [ 28 ] Each party alleges acts of family violence, abuse or intimidation. The physical violence is alleged to have occurred once, in August 2018, and there is a very real conflict in the evidence about whether it happened.

This is not resolved by the medical report, police report or testimony of Valencia Garner. Both parties suggest that their time in the same home has involved abuse and intimidation. This stopped in August 2018. Neither has described any harm caused to the child by this behaviour – if I ignore the child’s long isolation from Sasha Minniefield. [ 29 ] Since August 2018 only Sasha Minniefield has undertaken counselling. This has focused on the current circumstances of her life. [ 30 ] Concerns have been raised about each party’s mental health.

Each has – at some point – described their own mental health issues to the other. As I’ve noted, only Sasha Minniefield has sought counselling support since August 2018. Maximum contact [ 31 ] I am to grant an order which is consistent with K’Lil’s best interests and gives effect to the principle of maximum contact: subsection18(1) , Parenting and Support Act . Conclusion [ 32 ] I find each party is capable of meeting K’Lil’s needs. I find Nuri Amazon is unwilling to promote the development and maintenance of K’Lil’s relationship with Sasha Minniefield.

I find that the parties are unable to communicate or co-operate to meet K’Lil’s needs and, in fact, this is either an enduring effect or a cause of the family violence, abuse or intimidation between them. [ 33 ] Considering these findings, I order that K’Lil’s time be ultimately equally divided between the parties on a four-day rotating

schedule after a transition period. K’Lil has demonstrated an ability to adjust to the re-introduction of each party after an extended absence. I order a four-day rotating

schedule so K’Lil will not experience the extended absence of either party. [ 34 ] The transition period starts tomorrow. K’Lil will be transferred into Sasha Minniefield’s care at noon tomorrow, January 12, 2019. I order this to curtail the current Sasha Minniefield’s extended absence from K’Lil’s life. [ 35 ] K’Lil will remain with Sasha Minniefield from January 12 at noon until noon on January 13, 2019 and from noon on January 15, 2019 until noon on the day before Sasha Minniefield travels to the United States.

Upon Sasha Minniefield’s return, there will be contact from noon on the day following Sasha’s Minniefield’s return until noon 48 hours later. Then, K’Lil will be with Nuri Amazon for 48 hours. Thereafter, transfers will occur at noon on every fourth day. [ 36 ] Neither party may remove the child from the Halifax Regional Municipality without the consent of the other or a court order. [ 37 ] I am not imposing a further period of supervision. One was never required by the Department of Community Services. To the extent a child might need a period of re-introduction, this has already happened.

Supervision, as it has occurred, has stymied K’Lil’s opportunity to experience care from Sasha Minniefield. [ 38 ] I am not ordering either party have counselling, though Nuria Amazon requests this for Sasha Minniefield. Sasha Minniefield has

not asked this for Nuri Amazon, and Nuri Amazon has not proven that Sasha Minniefield requires any counselling other than what she presently chooses to do. [ 39 ] Ms. Litke will prepare the order. _________​​​​​__________________ Elizabeth Jollimore, J.S.C.(F.D.) Halifax, Nova Scotia