In the interests of children : an examination of custodial judicial practices in Nova Scotia

Abstract

When Supreme and Family Court Judges in Nova Scotia are tasked with deciding custody arrangements for divorced parents and their children, the children’s wellbeing should be put first. This leaves however, several questions unanswered: exactly how child focused are these decisions, what factors are at play in judicial decision making, and what roles do allegations of abuse play in effecting a child’s life? The answers to these questions were explored through a qualitative examination of academic sources, as well as from selected Nova Scotian Court cases from 2003-2017. It shows that although the child’s voice is largely considered, it is given equal weight against other evidence and testimony. Judges are mandated to examine both the legal precedents and existing evidence of each case no matter how substantial. Furthermore, the extent to which allegations of abuse effect decisions depends entirely on the volume and legitimacy of evidence that the victim provides. The limitations of this research may lead into an examination of victim support services. In particular services that are not only child centered but provide legitimacy to allegations wherein there is no physical evidence present. An investigation of this nature could create a pathway in which new and more effective methods of victim support may be established.