Suchanek v. Suchanek

Suchanek v. Suchanek

Both parents are capable and loving; mother had discouraged the child's relationship with the father and exaggerated past benign conduct; under s.16(10) maximum contact consistent with the child's best interests requires permitting summer access, including to Germany, with adult accompaniment and staged unaccompanied travel; father’s income was imputed by $2,000 for non‑deductible expenses to $29,000 annually producing child support of $271 per month; father must pay proportionate extraordinary expenses (including an averaged childcare expense) and share transport costs to/from Vancouver airport; applications for disclosure, a View of the Child report and a bond were dismissed; costs...

Citation
2010 BCSC 1271
Parties
Plaintiff (mother): Connie Lee Lorraine Suchanek (also known as Connie Lee Lorraine Sushanek); Defendant (father): Markus-Georg Suchanek (also known as Markus-Georg Sushanek)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 August 2010
Procedural Posture
Divorce — Custody, Access and Child Support Variation Applications / Application Hearing (in Chambers) — Variation and Cross Applications
Outcome
Father's access variation application granted in part; mother's applications for disclosure, a View of the Child report and bond dismissed; child support recalculated with income imputed; extraordinary expenses and certain cost‑sharing ordered; costs awarded to father.
Legal Topics
Access Variation, International Travel With Child, Telephone/internet Contact, Extraordinary Expenses, Imputation of Income, Bond/hague Convention Security, Disclosure of Records, View of the Child Report, Costs
Source Language
English
Family Law Child Custody and Access Child Support International Child Travel Access Variation International Travel With Child Telephone/internet Contact Extraordinary Expenses +5 more

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Parties

Connie Lee Lorraine Suchanek (also known as Connie Lee Lorraine Sushanek)

Plaintiff (mother)

Markus-Georg Suchanek (also known as Markus-Georg Sushanek)

Defendant (father)

Procedural Posture

Divorce — Custody, Access and Child Support Variation Applications / Application Hearing (in Chambers) — Variation and Cross Applications

Legal Issues

  1. 1 Whether to vary access to allow travel outside the lower mainland including Germany and increase holiday access
  2. 2 Whether to order scheduled telephone/internet contact and require conversations outside custodial parent’s presence
  3. 3 Whether to impute additional income to the father and recalculate child support under the Child Support Guidelines

Ratio Decidendi

Both parents are capable and loving; mother had discouraged the child's relationship with the father and exaggerated past benign conduct; under s.16(10) maximum contact consistent with the child's best interests requires permitting summer access, including to Germany, with adult accompaniment and staged unaccompanied travel; father’s income was imputed by $2,000 for non‑deductible expenses to $29,000 annually producing child support of $271 per month; father must pay proportionate extraordinary expenses (including an averaged childcare expense) and share transport costs to/from Vancouver airport; applications for disclosure, a View of the Child report and a bond were dismissed; costs...

Court Disposition

Father's access variation application granted in part; mother's applications for disclosure, a View of the Child report and bond dismissed; child support recalculated with income imputed; extraordinary expenses and certain cost‑sharing ordered; costs awarded to father.

Orders

  • Father granted summer access up to one month outside the lower mainland including Germany with the first trip and subsequent trips accompanied by an adult agreed by the parties until child can fly unaccompanied on a non‑stop flight to Frankfurt
  • Parties to cooperate in obtaining travel documents and include the court order among travel permissions