S.S. v. S.A.S.

S.S. v. S.A.S.

The court clarified the access schedule by specifying a two-week rotating timetable and determined that, in view of the parties' income disparity, the defendant will continue to pay the uncovered portion of the child's medical and dental expenses until January 1, 2011, after which the defendant must pay a pro-rata share of such expenses.

Citation
2010 BCSC 14
Parties
Plaintiff (mother): S.S.; Defendant (father): S.A.S. also known as S.A.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 January 2010
Procedural Posture
Family Law Child Custody and Access; Child Medical Expenses / Supplementary Reasons for Judgment
Outcome
Supplementary reasons issued: access schedule clarified and medical/dental expense contribution timetable ordered.
Legal Topics
Access Schedule, Shared Medical and Dental Expenses, Publication Ban
Source Language
English
Family Law Child Custody and Access Child Support/medical Expenses Access Schedule Shared Medical and Dental Expenses Publication Ban

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Parties

S.S.

Plaintiff (mother)

S.A.S. also known as S.A.J.

Defendant (father)

Procedural Posture

Family Law Child Custody and Access; Child Medical Expenses / Supplementary Reasons for Judgment

Legal Issues

  1. 1 Whether the access order should be clarified and the precise parenting time schedule fixed
  2. 2 Whether the defendant should be required to contribute a pro-rata share of the child's medical and dental expenses and the timing of that obligation
  3. 3 How income disparity between the parties affects contribution to uncovered medical expenses

Ratio Decidendi

The court clarified the access schedule by specifying a two-week rotating timetable and determined that, in view of the parties' income disparity, the defendant will continue to pay the uncovered portion of the child's medical and dental expenses until January 1, 2011, after which the defendant must pay a pro-rata share of such expenses.

Court Disposition

Supplementary reasons issued: access schedule clarified and medical/dental expense contribution timetable ordered.

Orders

  • Access schedule as set out in the reasons (two‑week rotating timetable specifying daily residence and exchange times).
  • Defendant to continue to bear the uncovered portion of the child's medical and dental expenses until January 1, 2011; commencing January 1, 2011, defendant to pay her share of medical and dental expenses on a pro‑rata basis.