F.K.L. v. D.M.A.T

F.K.L. v. D.M.A.T

Child will reside with mother in Gold River and attend school there because Gold River offers greater stability, deeper community and school connections, and residence with mother and grandfather best protects the child's current needs; parental responsibilities are shared equally but mother will have greater...

Source-derived case information.

Citation
2020 BCSC 1296
Parties
Claimant (mother): F.K.L.; Respondent (father): D.M.A.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 September 2020
Procedural Posture
Family Law – Parenting, Child Support and Spousal Support / Trial Judgment (reasons for Judgment)
Outcome
Judgment for the Claimant in part: child to reside in Gold River with mother; detailed parenting time, parenting responsibilities allocation, appointment of parenting coordinator, child support and spousal support orders, ownership of dog awarded to father.
Legal Topics
Relocation, Parenting Responsibilities, Parenting Time, Family Violence, Imputation of Income, Parenting Coordinator, Protection Order, Division of Personal Property (pet)
Source Language
english
Family Law Child Custody Child Support Spousal Support Property Division Relocation Parenting Responsibilities Parenting Time +5 more

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Parties

F.K.L.

Claimant (mother)

D.M.A.T.

Respondent (father)

Procedural Posture

Family Law – Parenting, Child Support and Spousal Support / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Where child should reside and attend school (relocation)
  2. 2 Allocation of parenting responsibilities and parenting time
  3. 3 Whether allegations of family violence affect parenting orders

Ratio Decidendi

Child will reside with mother in Gold River and attend school there because Gold River offers greater stability, deeper community and school connections, and residence with mother and grandfather best protects the child's current needs; parental responsibilities are shared equally but mother will have greater parenting time while school is in session; father granted substantial weekend and holiday parenting time and a parenting coordinator is ordered; father's income imputed at $90,000 for support purposes, child support arrears calculated at $4,706, ongoing child support ordered at $860/month, spousal support awarded $12,500 (crediting interim payments leaves $4,000 owing), and the dog...

Court Disposition

Judgment for the Claimant in part: child to reside in Gold River with mother; detailed parenting time, parenting responsibilities allocation, appointment of parenting coordinator, child support and spousal support orders, ownership of dog awarded to father.

Orders

  • Parties are guardians of A.
  • Each guardian may exercise all parental responsibilities in consultation, with day-to-day decisions by the caregiver when child is in their care.