Chutter v. Chutter

Chutter v. Chutter

On an interim basis the status quo must be preserved pending trial because the children have established roots, extended family support and stable schooling in Merritt; relocation at this stage would risk unnecessary disruption and potential double moves; therefore plaintiff's application for full custody and relocation is dismissed, defendant's application for interim joint custody is allowed, and defendant must pay $600 for the plaintiff's additional commuting and daycare expenses.

Citation
2002 BCSC 1225
Parties
Plaintiff: Alison Joan Chutter; Defendant: David Philip Chutter; Defendant: Chutter Ranch Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 August 2002
Procedural Posture
Family Law Custody and Support / Interim Application (pre Trial)
Outcome
Plaintiff's application for full custody and interim relocation dismissed; defendant's application for interim joint custody allowed; no interim primary residence or day-to-day care order made; defendant ordered to pay $600 for additional commuting and daycare expenses; costs in the cause.
Legal Topics
Interim Custody, Best Interests of the Child, Relocation, Interim Support, Costs
Source Language
English
Family Law Child Custody Child Support Spousal Support Relocation Interim Custody Best Interests of the Child Interim Support +1 more

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Parties

Alison Joan Chutter

Plaintiff

David Philip Chutter

Defendant

Chutter Ranch Ltd.

Defendant

Procedural Posture

Family Law Custody and Support / Interim Application (pre Trial)

Legal Issues

  1. 1 whether to grant interim sole custody to the mother
  2. 2 whether to permit relocation of the children to Kamloops
  3. 3 whether interim spousal or child support should be ordered

Ratio Decidendi

On an interim basis the status quo must be preserved pending trial because the children have established roots, extended family support and stable schooling in Merritt; relocation at this stage would risk unnecessary disruption and potential double moves; therefore plaintiff's application for full custody and relocation is dismissed, defendant's application for interim joint custody is allowed, and defendant must pay $600 for the plaintiff's additional commuting and daycare expenses.

Court Disposition

Plaintiff's application for full custody and interim relocation dismissed; defendant's application for interim joint custody allowed; no interim primary residence or day-to-day care order made; defendant ordered to pay $600 for additional commuting and daycare expenses; costs in the cause.

Orders

  • Plaintiff's application for full custody dismissed
  • Defendant's application for interim joint custody allowed