Hadjioannou v. Hadjioannou

Hadjioannou v. Hadjioannou

The court ordered joint custody and joint guardianship with a roughly equal alternating 4‑day/3‑day parenting schedule and defined guardianship decision‑making and communication protocols; imputed and/or estimated respondent income for child support purposes at $65,000 current and $45,000 for the retroactive period...

Source-derived case information.

Citation
2013 BCSC 43
Parties
Claimant: Melissa Claudette Hadjioannou; Respondent: Athanasios Hadjioannou
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 January 2013
Procedural Posture
Divorce Act and Family Relations Act (family Law) / Trial Judgment (reasons for Judgment)
Outcome
Judgment for the Claimant in part: custody/guardianship orders, monetary support orders and ancillary directions as set out below.
Legal Topics
Custody, Joint Guardianship, Shared Parenting Schedule, Retroactive Child Support, Income Determination for Incorporated Income, Extraordinary Expenses (s.7), Spousal Support Quantum and Timing, Disclosure and Non‑compliance, Parenting Communication Protocols, Costs
Source Language
english
Family Law Child Custody and Guardianship Child Support Spousal Support Property Division Family Law Procedure Income Attribution and Disclosure Custody +9 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 18 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Melissa Claudette Hadjioannou

Claimant

Athanasios Hadjioannou

Respondent

Procedural Posture

Divorce Act and Family Relations Act (family Law) / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Appropriate custody, guardianship and parenting time arrangement in best interests of children
  2. 2 Whether to award retroactive child support and quantum
  3. 3 Determination of payor's income where income is paid through a closely held corporation

Ratio Decidendi

The court ordered joint custody and joint guardianship with a roughly equal alternating 4‑day/3‑day parenting schedule and defined guardianship decision‑making and communication protocols; imputed and/or estimated respondent income for child support purposes at $65,000 current and $45,000 for the retroactive period due to corporate revenue and limited legitimate deductions; awarded retroactive child support of $20,052 payable by instalment and ongoing set‑off child support of $1,137 per month from January 15, 2013; directed inclusion of the children on respondent's extended health plan with extraordinary medical/dental costs split 84% respondent/16% claimant; declined to divide family...

Court Disposition

Judgment for the Claimant in part: custody/guardianship orders, monetary support orders and ancillary directions as set out below.

Orders

  • Parents granted joint custody and joint guardianship with a roughly equal alternating 4‑day/3‑day parenting arrangement and guardianship terms as detailed in reasons and Schedule A
  • Respondent to pay ongoing child support of CAD 1,137 per month commencing January 15, 2013 and thereafter on the 15th of each month while the children are children of the marriage