Smith-Bedard v. Bedard, 2012 NSSC 196

SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Smith-Bedard v. Bedard, 2012 NSSC 196 Date: 20120604 Docket: SFHMCA079817 Registry: Halifax Between: Melissa S. Smith-Bedard Applicant v. Dale Cy Bedard Respondent Judge: The Honourable Justice Moira C. Legere Sers Heard: March 30, 2012 in Halifax, Nova Scotia Decision: March 30, 2012 ( Orally ) Written Release: June 4, 2012 Counsel: Melissa S. Smith-Bedard, Self-Represented Dale Cy Bedard, Not Present By the Court:

[ 1 ] Ms. Smith-Bedard anticipated that Mr. Bedard would be here this morning because he approached her by way of telephone call indicating that he was coming down March 1 st from Alberta and he wanted to take the three children for the period of time that he was here. [ 2 ] This prompted Ms. Smith-Bedard to apply to the Court on March 8, 2012. [ 3 ] I am presuming that the conciliator did not proceed through the ISO process because they fully anticipated this would be an inter partes hearing. [ 4 ] Subsequently Mr.

Bedard was served personally on March 12, 2012 in Red Deer, Alberta with the application, affidavit and attachments, including the contract that he had entered into with Ms. Smith-Bedard. [ 5 ] As a result of this and other reasons, Mr. Bedard decided and informed Ms. Smith-Bedard that he would not be coming to Nova Scotia; he would not be attending the proceedings that were set down for the period of time that he was here in Nova Scotia. [ 6 ] The parties were living together in 2002; married on July 7, 2007; lived in Red Deer, Alberta and separated on August 31, 2008.

Three children have been born of this union: Emma Colleen, born September 8, 2001, currently 10 years old; Jacob Logan, born August 29, 2003, currently 8 years old; and Cody John, born May 18, 2005, currently 6 six years. [ 7 ] These three children have been in the custody of the mother since she left Alberta and returned to Nova Scotia in or about September of 2008. [ 8 ] Mr. Bedard has had very minimal contact with his children since they left for Nova Scotia, despite the fact that he has family in Nova Scotia. He visited the children on August 31, 2008 and the scheduled visit for March of 2012 was aborted.

So he has had minimal contact. [ 9 ] The agreement is set out and attached to the application. Ms. Smith-Bedard indicated that this is her signature and that she typed this under the direction of Mr. Bedard before they left Red Deer to give her permission and to settle matters between them. [ 10 ] This agreement is therefore signed and is dated August 30, 2008; both have signed their names to it and there is a witness.

The agreement purports to give the mother full custody of the three children and allows them to move to Nova Scotia with an open ended visitation right by the father. [ 11 ] The agreement also requires the father to pay $1,200 per month child support, broken down into bi-weekly payments of $600. He agrees to pay ½ of any extra activities and as well, once she is was to get a job he agreed to pay ½ of the child care, providing she kept receipts. [ 12 ] He agreed to keep the children on his medical plan at work.

He agreed to keep the mother on his medical plan until such time as he replaced her with another person with whom he intended to get married. [ 13 ] He agreed to sell and split whatever they had. [ 14 ] He agreed to keep her cell phone working so that he could be in contact with the children. [ 15 ] He agreed to pay the bills that they accumulated together.

[ 16 ] He agreed to keep his life insurance plan in her name. [ 17 ] If he did not comply with these conditions, he gave her permission (which she had in any event the right to do) to come to Maintenance Enforcement and to have these monies garnished off of his cheque. [ 18 ] There are other clauses in the agreement. [ 19 ] He paid the amount of $1,200 for nine months and then ceased altogether until January 2012 when he reinstated it for $500. He has paid for January and February $500 per month according to the mother. [ 20 ] The only evidence I have of his income relates to his income as known to Ms.

Smith-Bedard who prepared his income tax returns for the year 2008. At that time he earned $80,000. He continues to work in Red Deer although she is unclear as to where he is working. [ 21 ] Her income for 2010 was $15,000; 2011 at $20,000; 2012 anticipated to be $20,000. She returned to work in July 2010 after taking her massage therapy course. [ 22 ] First of all, I am prepared to acknowledge that he has had an opportunity to be present; it was intended that he would be present.

He was served personally with the materials and he understood what was being asked by the applicant. [ 23 ] I am not going to deal with any retroactive issue now, reserving for the parties to deal with retroactive child support at a future hearing. If that is through the Maintenance and Custody Act or the Divorce Act , that it is entirely up to the parties. [ 24 ] I will grant interim sole custody to the mother with access to be agreed upon by her with Mr. Bedard as she believes reasonable at reasonable times and on reasonable notice.

That gives to her the power to make the decisions with respect to parenting. [ 25 ] The interim child support according to Nova Scotia tables based on the only figure that I have for his income in 2008 of $80,000 is $1,441.

That will be adjusted to reflect Alberta tables and he ought to be commencing immediately to pay child support. [ 26 ] I direct an order to be drafted and the matter to be referred with the transcript back to the conciliator to determine whether it needs to go by way of ISO. [ 27 ] In any event the table amount ought to apply based on the $80,000. [ 28 ] I also direct in the order that he is to keep the children covered under his medical plan and provide proof of the coverage to the mother at all reasonable times to ensure that the children have access to his medical benefits. [ 29 ] I do not vary any of the terms other than the child support that have been set out in the agreement. [ 30 ] I also order that he disclose his Income Tax Returns from 2008 forward to facilitate the proper setting of child support, including Notices of Assessment and/or Reassessment to ensure that the court in Alberta has full access to his income tax particulars and understands what his income is for the year from 2008.

[ 31 ] He is to provide the mother a copy of this documentation forthwith. Legere Sers, J.