Can a trial judge impose terms and conditions on an award of custody?
Nova Scotia, Canada
The following excerpt is from Reeves v. Reeves, 2010 NSCA 35 (CanLII):
The jurisdiction of a trial judge to impose terms and conditions on an award of custody was an issue in Card v. Card (1984), 1984 CanLII 4778 (NS CA), 43 R.F.L. (2d) 74 (N.S.S.C. (A.D.)). In Card, Clark J. (as he then was), under the Divorce Act, made an order awarding custody of the children to the mother, subject to certain terms and conditions pertaining to the treatment of the mother’s personality disorder. The father appealed. One of the contentions of the appellant was that the trial judge exceeded his jurisdiction by attaching terms and conditions to the custody order. In an oral decision, Macdonald J.A. confirmed that courts have such a jurisdiction under both the Divorce Act and the court’s parens patriae jurisdiction: 7 It is my opinion that when Clarke J. made the order for custody with conditions and terms he was operating within the jurisdiction conferred upon him by the Divorce Act and within his general parens patriae jurisdiction.
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