L.C.C. v. C.B.C.

L.C.C. v. C.B.C.

Court found the June 2017 parenting order establishes shared custody for purposes of the Guidelines; however the applicant's material is insufficient to perform the required Contino analysis (notably lacking reliable information on L.C.C.'s earning capacity, household incomes, and children's needs), and because of overlapping financial issues and an upcoming spousal review the proper remedy is to adjourn variation of child support and s.7 expenses to on or after August 1, 2020 with orders for updated financial disclosure and affidavits; the court declined to issue a declaration for third‑party benefit purposes, granted conduct and passport orders, dismissed enforcement leave and special...

Citation
2020 BCSC 627
Parties
Claimant: L.C.C.; Respondent: C.B.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 February 2020
Procedural Posture
Divorce/family Law / Interim Applications (variation of Child Support and S.7 Expenses; Application Re Conduct/passports)
Outcome
L.C.C.'s application to vary child support and s.7 expenses adjourned to be heard on or after August 1, 2020; C.B.C.'s request for a declaration of shared parenting dismissed; conduct and passport orders made; enforcement leave and special/increased costs dismissed; parties to bear own costs on C.B.C.'s application;...
Legal Topics
Variation of Support, Shared Parenting (s.9 Guidelines), Section 7 Expenses, Contino Analysis, Conduct Orders, Passports, Special Costs
Source Language
English
Family Law Child Support Spousal Support Child Custody Enforcement Costs Variation of Support Shared Parenting (s.9 Guidelines) +5 more

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Parties

L.C.C.

Claimant

C.B.C.

Respondent

Procedural Posture

Divorce/family Law / Interim Applications (variation of Child Support and S.7 Expenses; Application Re Conduct/passports)

Legal Issues

  1. 1 Whether the parties' parenting time meets s.9 shared parenting threshold
  2. 2 Whether child support and s.7 expenses should be varied due to material change
  3. 3 Whether a declaration of shared parenting should be made to assist with CRA benefits dispute

Ratio Decidendi

Court found the June 2017 parenting order establishes shared custody for purposes of the Guidelines; however the applicant's material is insufficient to perform the required Contino analysis (notably lacking reliable information on L.C.C.'s earning capacity, household incomes, and children's needs), and because of overlapping financial issues and an upcoming spousal review the proper remedy is to adjourn variation of child support and s.7 expenses to on or after August 1, 2020 with orders for updated financial disclosure and affidavits; the court declined to issue a declaration for third‑party benefit purposes, granted conduct and passport orders, dismissed enforcement leave and special...

Court Disposition

L.C.C.'s application to vary child support and s.7 expenses adjourned to be heard on or after August 1, 2020; C.B.C.'s request for a declaration of shared parenting dismissed; conduct and passport orders made; enforcement leave and special/increased costs dismissed; parties to bear own costs on C.B.C.'s application;...

Orders

  • L.C.C.'s application to vary spousal support is withdrawn.
  • The balance of L.C.C.'s application filed December 17, 2019, is adjourned.