H.S. v. J.S.

H.S. v. J.S.

Applying the best interests of the child and s.16(8)-(9) of the Divorce Act, the court found the respondent's alcohol-related past conduct relevant but not so extreme as to bar all contact; claimant retains sole custody and guardianship, respondent is allowed limited supervised access (two hours weekly under a...

Source-derived case information.

Citation
2012 BCSC 2117
Parties
Claimant: H.S.; Respondent: J.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 May 2012
Procedural Posture
Family Law Divorce, Custody and Property / Judgment (oral Reasons for Judgment)
Outcome
Divorce granted (to become final 30 days), claimant awarded sole custody and guardianship, limited supervised access to respondent granted, restraining orders continued, property and child support agreements approved
Legal Topics
Custody, Guardianship, Access, Supervised Access, Division of Family Assets, Child Support, Restraining Orders, Past Conduct Relevance
Source Language
english
Family Law Divorce Child Custody Child Support Property Division Restraining Orders Custody Guardianship +4 more

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Parties

H.S.

Claimant

J.S.

Respondent

Procedural Posture

Family Law Divorce, Custody and Property / Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 entitlement to divorce
  2. 2 division of net proceeds of sale
  3. 3 child support under Federal Child Support Guidelines

Ratio Decidendi

Applying the best interests of the child and s.16(8)-(9) of the Divorce Act, the court found the respondent's alcohol-related past conduct relevant but not so extreme as to bar all contact; claimant retains sole custody and guardianship, respondent is allowed limited supervised access (two hours weekly under a professional supervisor) to permit the child to form a relationship with his father while protecting safety; restraining orders continued; access to be reviewed in six months and custody/guardianship variations require material change.

Court Disposition

Divorce granted (to become final 30 days), claimant awarded sole custody and guardianship, limited supervised access to respondent granted, restraining orders continued, property and child support agreements approved

Orders

  • Divorce to become final 30 days from May 11, 2012
  • Net proceeds of sale of former family home: $30,000 to respondent (of which $12,000 to be used to pay parties' MasterCard debt); balance to claimant