M.G.H. v. S.H.

M.G.H. v. S.H.

S.H. awarded custody; parties share joint guardianship to prevent unilateral thwarting of contact; father granted liberal access including alternate weekends and Wednesday evenings; child support fixed at $949/month (guideline income $62,500) starting October 1, 2006; day care contribution ordered as 36% of gross day care cost (subject to adjustment after further submissions) commencing November 2006 with documentary proof requirements monthly; arrears under pre‑2005 period not proven and dismissed except post‑June 24, 2005 day care arrears of $1,474 proven and payable by M.G.H.; spousal support dismissed; costs awarded to the plaintiff.

Citation
2006 BCSC 1904
Parties
Plaintiff: M.G.H.; Defendant: S.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 November 2006
Procedural Posture
Divorce/family Law Custody and Support / Trial Reasons for Judgment
Outcome
Judgment partly for plaintiff and partly for defendant: custody to defendant, joint guardianship, specified access to plaintiff, child support and day care contribution orders, spousal support dismissed, plaintiff awarded costs.
Legal Topics
Guardianship, Section 7 Expenses (day Care), Access Scheduling, Adverse Inference for Non‑disclosure, Child Protection Investigation, Spousal Support Advisory Guidelines
Source Language
English
Family Law Child Support Custody and Access Spousal Support Costs Guardianship Section 7 Expenses (day Care) Access Scheduling +3 more

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Parties

M.G.H.

Plaintiff

S.H.

Defendant

Procedural Posture

Divorce/family Law Custody and Support / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether joint or sole custody and guardianship should be ordered
  2. 2 Appropriate access schedule for the father
  3. 3 Calculation of guideline child support

Ratio Decidendi

S.H. awarded custody; parties share joint guardianship to prevent unilateral thwarting of contact; father granted liberal access including alternate weekends and Wednesday evenings; child support fixed at $949/month (guideline income $62,500) starting October 1, 2006; day care contribution ordered as 36% of gross day care cost (subject to adjustment after further submissions) commencing November 2006 with documentary proof requirements monthly; arrears under pre‑2005 period not proven and dismissed except post‑June 24, 2005 day care arrears of $1,474 proven and payable by M.G.H.; spousal support dismissed; costs awarded to the plaintiff.

Court Disposition

Judgment partly for plaintiff and partly for defendant: custody to defendant, joint guardianship, specified access to plaintiff, child support and day care contribution orders, spousal support dismissed, plaintiff awarded costs.

Orders

  • S.H. (defendant) awarded custody of the children; parties share joint guardianship in accordance with court's terms
  • Prohibition: M.G.H. shall not take children to events sponsored by The Sterling Group/New Frontier without S.H.'s written consent