Murdered boy Nash Campbell's custody battle partial court file released

This week the Supreme Court of Prince Edward Island ordered the release of the partial court file which details the custody battle over four-year-old Nash Campbell.

Nash Campbell died of smoke inhalation in the back of a Jeep Wrangler off a country road in western P.E.I. on June 21, 2013. The body of his motherPatricia Hennessey,38, was found lying beside him by firefighters who thought they were responding to a routine vehicle fire around1 a.m.

Autopsy results found prescription medications in their systems drugs Hennessey had been prescribed.

The deaths were determined to be a murder-suicide.

• Bodies found in burned out vehicle
• Homicide-suicide ruled in St. Felix vehicle fire

Less than 12 hours earlier Hennessey had been ordered by a P.E.I. Supreme Court judge to hand over custody of Nash to his father Marc Campbell by9:30 a.m. that followingmorning.

Their deaths led to a coroner's inquest in March 2015 that examined the role of various agencies and individuals in the custody dispute over Nash.

The inquest led to 15 recommendations for changes to the way the province handles high-risk child custody cases, recommendations the premier has promised to act on.

• Premier promises action in light of murder-suicide of mother, 4-year-old son

Numerous reports by government officials and health professionals were examined at the inquest. Several witnesses testified about the history of conflict between Nash's parentsand about Hennessey's mental state and behaviour.

But one document that was not released in full, until now, is the judge's decision that ordered custody transferred from Nash's mother to his father.

Before the inquest was ordered in September 2013, the CBC and the Charlottetown newspaper The Guardian filed a motion in Supreme Court to access that family court decision after being denied the documents.

Now, two years later, a redacted version of the judge's file has been released.

Turning point

The thick file lays out the bitter battle between Nash's parents that began when they separated, before Nash's first birthday.

Hennessey and Campbell argued over custody and access to Nash, transfers of the boy and child support.

There was a court custody order in June 2011 giving both parents equal time with Nash. However, there were frequent problems and arguments when it came time to transfer the boy.

Both made accusations in court papers of bad parenting and violence. Campbell was charged twice with assaulting Hennessey. Both charges were stayed. Hennessey was convicted of impaired driving and mischief for ramming Campbell's truck with her car.

The turning point appears to be an incident on Jan. 25, 2013, involving the transfer of custody that day of Nash's half-sibling with two very different versions of events submitted to the court through affidavits.

In Hennessey's version, she said she was told by the other child's mother that Campbell had pushed and pulledthat sibling in front of Nashand that the incident had frightened both children.

In Campbell's version, there was no pushing or pulling or anyrough handling.

There was an assault charge against Campbell connected to the incident. It was withdrawn on Feb. 22, 2013, a month later.

But Hennessey claimed Nash was traumatized by the eventand, from that point, allowed Campbell only occasional access to his son.

This is what led to the legal showdown between Hennessey and Campbell in a Charlottetown courtroom on June 20, 2013 one day before Hennesey and her son were found dead.

Both parents had filed for sole custody.

Justice Gordon Campbell had already read the court file and he listened as both parents and twoof Marc Campbell'srelatives took the stand.

Hennessey told the court she had taken a leave from her job the previous fall, and would only return to work, "When I know my son's therapy has been completed and he is safe and out of harm's way."

For his part, Campbell claimed Hennessey was denying him access altogether because he wouldn't agree to reduced custody.

Judge finds actions 'contemptuous'

In his oral decision, Judge Campbell said there was a great deal of hearsay evidence, particularly inHennessey's affidavit.

He said,"There was a deliberate and systematic denial of parenting time," for Nash and his father for more than four months.

Nash has a right to have a relationship with both parents and you have denied him that right.- Justice Gordon Campbell to Patricia Hennessey

"Four months is a long, long, long time in a child's life and that is far too long for Nash to have been denied access to Mr. Campbell," said the judge.

Judge Campbell pointed out there was a court order, which set out the terms of equally shared custody, and he called Hennessey's decision to ignore it "contemptuous" of the court order.

He told Hennessey if she had a problem with the custody order or other concernsshe should have followed the rules until she went to court and had the order amended.

"Nash has a right to have a relationship with both parents and you have denied him that right."

The judge held off on a legal finding of contempt against Hennessey, but told her if she didn't abide by his decision, he would make that finding and she would incur"substantial" costs.

Judge Campbell's decision ordered primary custody of Nash to Marc Campbell, giving him the right to make the main decisions around Nash's care.

Hennessey would still be allowed to see Nash every second weekend, overnight once a week, and be able to talk to him on the phone. But she would not be allowed to make day-to-day decisions about his care.

The judge also suggested counselling for both parents.

"You know, the relationship between the parties is over ... Let each parent have their time with the child and don't interfere with it, and forget the dispute that you may have had."

Handover never took place

It was an emotional day for all involved.

The judge saidNash should be handed over to his father immediately, but he left it open to discuss whether that meant that evening or the next day.

In the discussion that followed, Hennessey's lawyer asked for the handover to take place the next morning by9:30 a.m.to allow Hennessey time to say goodbye to her son and gather some of his clothes and other belongings to take to his father's.

It was also pointed out that by dropping Nash off at his daycare, and Campbell picking him up there, the two parents would avoid contact, and potential conflict.

The lawyers and the judge agreed on the next morning transfer.

The court file covered a three-year period, since Campbell and Hennessey had separated. And although there were references in the family court file to Hennessey's mentalhealth history, including two suicide attempts, they were dated two years previous.

Hennessey had received treatment and there was no evidence presented in court that day that she posed a risk to her son. No one questioned her ability to care for him over the next 15 hours until she was to hand him over to his father in the morning.

That handover never took place.

Hennessey took Nash to pick out a toy at a store in Charlottetown, then drove to western P.E.I. She took prescription drugs and gave some to Nash, then she set their vehicle on fire.

According to testimony at the inquest, Hennessey texted that night that her heart was broken and that her life was over if she couldn't see Nash every day.