H.C. v. H.P.C.

H.C. v. H.P.C.

Divorce granted; custody (child primarily residing with claimant) awarded to claimant while guardianship is joint; parenting responsibilities under FLA s.41 allocated principally to claimant with respondent granted two three-hour visits weekly; respondent found underemployed and imputed income of $11,193 was...

Source-derived case information.

Citation
2014 BCSC 1775
Parties
Claimant: H.C.; Respondent: H.P.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 September 2014
Procedural Posture
Family Law Divorce / Final Judgment (reasons for Judgment)
Outcome
Judgment for claimant: divorce granted; custody to claimant; joint guardianship; child support ordered; spousal support dismissed; unequal division of family property 65/35; no costs awarded.
Legal Topics
Guardianship, Parenting Arrangements, Imputed Income, Unequal Division Under S.95 FLA, Custody, Costs
Source Language
english
Family Law Divorce Child Support Spousal Support Property Division Guardianship Parenting Arrangements Imputed Income +3 more

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Parties

H.C.

Claimant

H.P.C.

Respondent

Procedural Posture

Family Law Divorce / Final Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether to grant divorce under the Divorce Act
  2. 2 Allocation of custody, guardianship and parenting responsibilities under the Divorce Act and FLA
  3. 3 Whether to impute income to respondent for child support under the Federal Child Support Guidelines s.19

Ratio Decidendi

Divorce granted; custody (child primarily residing with claimant) awarded to claimant while guardianship is joint; parenting responsibilities under FLA s.41 allocated principally to claimant with respondent granted two three-hour visits weekly; respondent found underemployed and imputed income of $11,193 was applied, yielding child support of $24 monthly; spousal support claim dismissed given limited mutual resources and priority of child support; family property (townhouse) valued at $405,000 and divided unequally 65% to claimant and 35% to respondent because equal division would be significantly unfair given claimant's primary childcare burden and respondent's underemployment; claimant...

Court Disposition

Judgment for claimant: divorce granted; custody to claimant; joint guardianship; child support ordered; spousal support dismissed; unequal division of family property 65/35; no costs awarded.

Orders

  • Divorce granted effective 31 days from date of order
  • Claimant granted custody under the Divorce Act; parenting responsibilities allocated under the Family Law Act as set out in reasons (claimant primary caregiver; respondent granted two three-hour visits weekly; both parents entitled to information; claimant final decision-making for certain items after consultation)