R.T.C. v. N.M.C.

R.T.C. v. N.M.C.

Trial judge found equal parenting time in children's best interests but changed schedule to week-on/week-off (7-7) to implement parallel parenting and reduce exchanges; parties to share decision-making with a parenting coordinator appointed under modified Joyce model; s.211 report informed significant findings about...

Source-derived case information.

Citation
2021 BCSC 2273
Parties
Claimant: R.T.C.; Respondent: N.M.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 November 2021
Procedural Posture
Divorce and Family Law / Trial (reasons for Judgment)
Outcome
Divorce granted; parenting, child support and spousal support orders made as set out below.
Legal Topics
Parenting Time Allocation, Decision Making Responsibility, Imputation of Income Under Guidelines, Section 7 Special Expenses, Compensatory Spousal Support, Parallel Parenting Model, S.211 Family Law Act Report
Source Language
english
Family Law Child Custody and Parenting Child Support Spousal Support Income Imputation Parenting Coordination Parenting Time Allocation Decision Making Responsibility +5 more

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Parties

R.T.C.

Claimant

N.M.C.

Respondent

Procedural Posture

Divorce and Family Law / Trial (reasons for Judgment)

Legal Issues

  1. 1 What parenting time schedule is in the children's best interests
  2. 2 Who should have decision-making responsibility and role of a parenting coordinator
  3. 3 Whether and how much income to impute to each party for child support

Ratio Decidendi

Trial judge found equal parenting time in children's best interests but changed schedule to week-on/week-off (7-7) to implement parallel parenting and reduce exchanges; parties to share decision-making with a parenting coordinator appointed under modified Joyce model; s.211 report informed significant findings about children's emotional/behavioural needs and need for assessments; imputation of income: respondent's Guidelines income set at 2017 $35,714; 2018 $35,000 (partial imputation for accident-related loss); 2019 $42,187; 2020 and 2021 $96,644; claimant's Guidelines income found to be 2017 $81,718; 2018 $72,309; 2019 $67,496 (includes $10,000 imputed for lost Company M earnings), 2020...

Court Disposition

Divorce granted; parenting, child support and spousal support orders made as set out below.

Orders

  • Parenting time: equal parenting on a week-on/week-off schedule (7 days each) commencing winter 2021 school holiday, Sunday 5:00 p.m. exchanges; detailed holiday schedule provided (split winter holiday, spring break, summer with two consecutive weeks each parent)
  • Decision-making: parties share decision-making responsibility under a modified Joyce Model; parenting coordinator to be engaged within 60 days; R.T.C. to propose three certified coordinators within 30 days; either party may apply to coordinator for directions