Pullman v. Pullman

Pullman v. Pullman

On the facts the children's best interests are served by joint custody with week-about residence because both parents are loving, capable and able to cooperate sufficiently for the children's needs; petitioner is economically disadvantaged and entitled to reapportionment of 70% of the matrimonial home proceeds plus limited spousal maintenance for six months from December 1, 2000; certain family debts (including tax debt) are shared equally and respondent must pay petitioner $15,000 reflecting his personal benefit from the Bank of Montreal line of credit.

Citation
2000 BCSC 1654
Parties
Petitioner: Judy Michiko Pullman; Respondent: Gregory Arthur Pullman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 November 2000
Procedural Posture
Family Law Divorce/custody / Trial Judgment (reasons for Judgment)
Outcome
Judgment ordering joint custody with week-about residence; petitioner awarded reapportionment of matrimonial home proceeds (70%); spousal maintenance limited to six months from December 1, 2000; certain debt allocations and monetary adjustments ordered; leave to apply on outstanding issues.
Legal Topics
Joint Custody, Residential Schedule (week About), Spousal Maintenance Duration and Quantum, Unequal Division of Matrimonial Property, Allocation of Tax Debt, Allocation of Line of Credit Debt, RRSP Division, Parenting Capacity and Expert Psychological Report
Source Language
English
Family Law Custody Spousal Support Property Division Child Support Debt Allocation Joint Custody Residential Schedule (week About) +6 more

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Parties

Judy Michiko Pullman

Petitioner

Gregory Arthur Pullman

Respondent

Procedural Posture

Family Law Divorce/custody / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether joint or sole custody is appropriate for two children
  2. 2 Appropriate residential schedule
  3. 3 Whether petitioner is entitled to unequal division of matrimonial home proceeds

Ratio Decidendi

On the facts the children's best interests are served by joint custody with week-about residence because both parents are loving, capable and able to cooperate sufficiently for the children's needs; petitioner is economically disadvantaged and entitled to reapportionment of 70% of the matrimonial home proceeds plus limited spousal maintenance for six months from December 1, 2000; certain family debts (including tax debt) are shared equally and respondent must pay petitioner $15,000 reflecting his personal benefit from the Bank of Montreal line of credit.

Court Disposition

Judgment ordering joint custody with week-about residence; petitioner awarded reapportionment of matrimonial home proceeds (70%); spousal maintenance limited to six months from December 1, 2000; certain debt allocations and monetary adjustments ordered; leave to apply on outstanding issues.

Orders

  • Joint custody granted to both parents with week-about residence for the two children
  • Holiday periods to be shared equally; parties encouraged to agree year by year; court to hear submissions if necessary