K.L.S. v. J.G.M.

K.L.S. v. J.G.M.

Court ordered interim joint custody and joint guardianship (Joyce Model) with no primary parent because the best interests of the 13-year-old child require preservation of her relationship with both loving parents, stability and predictability in a parenting schedule that reflects the child's expressed preference...

Source-derived case information.

Citation
2012 BCSC 282
Parties
Claimant (mother): K.L.S.; Respondent (father): J.G.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 February 2012
Procedural Posture
Family Law Custody and Child Support / Reasons for Judgment Interim Parenting Order / Custody Determination
Outcome
Interim order: joint custody and joint guardianship in Joyce Model; no primary parent designated; specific parenting schedule ordered
Legal Topics
Joint Custody, Joint Guardianship, Primary Parent Designation, Parenting Schedule, Voice of the Child Report, Best Interests of the Child, Child Support Guidelines S.9, Family Relations Act S.24 and S.32
Source Language
english
Family Law Child Custody Child Support Guardianship Child Welfare Joint Custody Joint Guardianship Primary Parent Designation +5 more

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Parties

K.L.S.

Claimant (mother)

J.G.M.

Respondent (father)

Procedural Posture

Family Law Custody and Child Support / Reasons for Judgment Interim Parenting Order / Custody Determination

Legal Issues

  1. 1 Whether joint custody and joint guardianship should be ordered
  2. 2 Whether a primary parent should be designated
  3. 3 What parenting schedule is in the child's best interests

Ratio Decidendi

Court ordered interim joint custody and joint guardianship (Joyce Model) with no primary parent because the best interests of the 13-year-old child require preservation of her relationship with both loving parents, stability and predictability in a parenting schedule that reflects the child's expressed preference and status quo (4 days with Mother, 3 days with Father during school term) with equal holiday and summer divisions; the voice of the child report was admissible and persuasive; the Court declined to make a declaration that the schedule constitutes shared custody under s.9 of the Child Support Guidelines.

Court Disposition

Interim order: joint custody and joint guardianship in Joyce Model; no primary parent designated; specific parenting schedule ordered

Orders

  • Parties share joint custody and joint guardianship (Joyce Model); neither parent designated primary
  • Parents to consult on important decisions and use neutral third party or apply to court under s.32 if they cannot agree