Andruschak v. Andruschak

Andruschak v. Andruschak

Because the child's best interests favored residence with the father and the mother failed to prove the father's income was higher than the basis for the prior consent order, the court modified the December 13, 2000 order: parties have joint custody and joint guardianship, the child shall reside with the father, child support for the two children residing with the mother is reduced to $1,700 per month effective May 2001, and the mother is ordered to pay costs of $500 deductible from payments.

Citation
2001 BCSC 580
Parties
Plaintiff (mother): Arlene Mae Andruschak; Defendant (father): Barry Joseph Andruschak
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 April 2001
Procedural Posture
Divorce / Child Custody and Support Variation / In Chambers Application to Vary Custody and Child Support Following December 13, 2000 Divorce Order
Outcome
Application granted in part: custody and support order modified as described below.
Legal Topics
Child Support Guidelines, Change of Residence, Burden of Proof, Best Interests of the Child, Costs
Source Language
English
Family Law Child Support Custody and Guardianship Variation of Court Orders Child Support Guidelines Change of Residence Burden of Proof Best Interests of the Child +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Arlene Mae Andruschak

Plaintiff (mother)

Barry Joseph Andruschak

Defendant (father)

Procedural Posture

Divorce / Child Custody and Support Variation / In Chambers Application to Vary Custody and Child Support Following December 13, 2000 Divorce Order

Legal Issues

  1. 1 Whether custody should be changed so the child resides with the father
  2. 2 Whether child support should be reduced when the child resides with the father
  3. 3 Who bears the burden of proving the father's income for variation purposes

Ratio Decidendi

Because the child's best interests favored residence with the father and the mother failed to prove the father's income was higher than the basis for the prior consent order, the court modified the December 13, 2000 order: parties have joint custody and joint guardianship, the child shall reside with the father, child support for the two children residing with the mother is reduced to $1,700 per month effective May 2001, and the mother is ordered to pay costs of $500 deductible from payments.

Court Disposition

Application granted in part: custody and support order modified as described below.

Orders

  • Parties have joint custody of the child and joint guardianship on the same terms as their other children.
  • The child shall reside with the father.