Nojkovic v. Panjkovic

Nojkovic v. Panjkovic

Interim joint custody by consent combined with sole guardianship to the mother and primary residence with the mother was necessary to preserve stability for the two-year-old given parental animosity, multiple recent household changes and that a shared/co-parenting regime was presently unworkable; a s.15 report was ordered to evaluate and recommend longer term custody/access arrangements; interim child support was set based on an imputed plaintiff income of $73,000; no restraining order under s.37 Family Relations Act was made.

Citation
2010 BCSC 1060
Parties
Plaintiff (husband/father): Vladan Dusan Nojkovic; Defendant (mother/wife): Sanja Nojkovic Panjkovic
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 June 2010
Procedural Posture
Family Law Custody, Guardianship and Support / Interim Applications (pre Trial, in Chambers)
Outcome
Interim orders: joint custody to both parents by consent; sole guardianship to the defendant; primary residence to the defendant; maintain the March 4, 2010 Judicial Case Conference access order; s.15 report by Dr. England ordered and the report writer may set interim access; interim child support of $680.00 per...
Legal Topics
Custody and Access, Sole Vs Joint Guardianship, Primary Residence, Status Quo, Section 15 Report, Income Determination for Support, Grandparents and Day Care, Costs
Source Language
English
Family Law Child Custody Guardianship Child Support Spousal Support Restraining Orders Custody and Access Sole Vs Joint Guardianship +6 more

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Parties

Vladan Dusan Nojkovic

Plaintiff (husband/father)

Sanja Nojkovic Panjkovic

Defendant (mother/wife)

Procedural Posture

Family Law Custody, Guardianship and Support / Interim Applications (pre Trial, in Chambers)

Legal Issues

  1. 1 Whether to order joint or sole guardianship
  2. 2 Appropriate interim custody and access regime for a toddler
  3. 3 Designation of primary residence

Ratio Decidendi

Interim joint custody by consent combined with sole guardianship to the mother and primary residence with the mother was necessary to preserve stability for the two-year-old given parental animosity, multiple recent household changes and that a shared/co-parenting regime was presently unworkable; a s.15 report was ordered to evaluate and recommend longer term custody/access arrangements; interim child support was set based on an imputed plaintiff income of $73,000; no restraining order under s.37 Family Relations Act was made.

Court Disposition

Interim orders: joint custody to both parents by consent; sole guardianship to the defendant; primary residence to the defendant; maintain the March 4, 2010 Judicial Case Conference access order; s.15 report by Dr. England ordered and the report writer may set interim access; interim child support of $680.00 per...

Orders

  • Interim joint custody to plaintiff and defendant by consent
  • Sole guardianship of child (Kosta) to the defendant with terms: defendant to advise plaintiff by email of significant matters and decisions (health except emergencies, education, religious instruction, general welfare) with defendant having final say; each party may obtain information about the child from third...