R.D.G. v. S.T.G.

R.D.G. v. S.T.G.

Divorce granted; joint custody ordered with primary residence to mother and permission to relocate to the lower mainland because the child's best interests and close mother-daughter relationship outweighed relocation risks; generous access granted to father including specified weekday evenings, alternate weekends and half of school holidays; child support fixed at $824/month with $16,480 retroactive arrears; family assets identified and valued, RRSPs and pensions divided, matrimonial home equity to be equally divided with buyout option for husband, recreational properties exchanged between spouses, revenue properties proceeds shared equally subject to line of credit and mortgage payoffs...

Citation
2003 BCSC 846
Parties
Plaintiff (husband): R.D.G.; Defendant (wife): S.T.G.; Third Party (alleged Adulterer): C.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 May 2003
Procedural Posture
Family Law Divorce and Related Relief / Trial Reasons for Judgment
Outcome
Divorce granted; joint custody with primary residence to mother; mother allowed to relocate to lower mainland; specified access to father; child support and retroactive arrears awarded; detailed division and reapportionment of family assets ordered; spousal support ordered; no costs against third party C.L.
Legal Topics
Relocation, Custody, Guardianship, Access, Division of Family Assets, Judicial Reapportionment, Business Valuation, Adultery Costs, FRA Remedies, Divorce Act S.16 and S.15.2
Source Language
English
Family Law Divorce Child Custody Property Division Spousal Support Child Support Costs Relocation +9 more

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Parties

R.D.G.

Plaintiff (husband)

S.T.G.

Defendant (wife)

C.L.

Third Party (alleged Adulterer)

Procedural Posture

Family Law Divorce and Related Relief / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether to grant divorce
  2. 2 Custody and primary residence of child and parental relocation
  3. 3 Access schedule given relocation

Ratio Decidendi

Divorce granted; joint custody ordered with primary residence to mother and permission to relocate to the lower mainland because the child's best interests and close mother-daughter relationship outweighed relocation risks; generous access granted to father including specified weekday evenings, alternate weekends and half of school holidays; child support fixed at $824/month with $16,480 retroactive arrears; family assets identified and valued, RRSPs and pensions divided, matrimonial home equity to be equally divided with buyout option for husband, recreational properties exchanged between spouses, revenue properties proceeds shared equally subject to line of credit and mortgage payoffs...

Court Disposition

Divorce granted; joint custody with primary residence to mother; mother allowed to relocate to lower mainland; specified access to father; child support and retroactive arrears awarded; detailed division and reapportionment of family assets ordered; spousal support ordered; no costs against third party C.L.

Orders

  • Divorce granted effective 31 days after judgment
  • Joint custody granted; primary residence with mother; mother permitted to move to lower mainland at end of school year