S.C. v. A.D.

S.C. v. A.D.

On the evidence, including expert reports and trial testimony, equal shared parenting (50/50 residency) with joint custody and joint guardianship best serves the children’s interests because it reduces parental interactions that provoke conflict, supports each child’s therapeutic and educational needs when specified safeguards are imposed, and the father demonstrated sufficient capacity and cooperation for shared parenting; the plan includes specific terms (alternate weeks residency, therapy attendance, communication limits, common journal, monthly meetings) and gives the mother tie‑breaker decision‑making on major issues if parties cannot agree for one year subject to review and the...

Citation
2009 BCSC 1084
Parties
Plaintiff: S.C.; Defendant: A.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 August 2009
Procedural Posture
Family Law Divorce and Parenting (custody/guardianship) / Trial Reasons/judgment on Parenting Plan
Outcome
Judgment awarding equal shared custody and joint guardianship with a detailed parenting plan and ancillary procedural directions
Legal Topics
Parenting Plan, Shared Parenting, Best Interests of the Child, Joint Custody, Decision‑making (joyce Model), Therapy Compliance and Administration
Source Language
English
Family Law Divorce Child Custody Guardianship Spousal and Child Support Psychological/therapeutic Evidence Parenting Plan Shared Parenting +4 more

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Parties

S.C.

Plaintiff

A.D.

Defendant

Procedural Posture

Family Law Divorce and Parenting (custody/guardianship) / Trial Reasons/judgment on Parenting Plan

Legal Issues

  1. 1 What is the appropriate parenting plan for the children?
  2. 2 Do child support payments arise from the plan and what amount?
  3. 3 Is the applicant entitled to spousal support and in what amount?

Ratio Decidendi

On the evidence, including expert reports and trial testimony, equal shared parenting (50/50 residency) with joint custody and joint guardianship best serves the children’s interests because it reduces parental interactions that provoke conflict, supports each child’s therapeutic and educational needs when specified safeguards are imposed, and the father demonstrated sufficient capacity and cooperation for shared parenting; the plan includes specific terms (alternate weeks residency, therapy attendance, communication limits, common journal, monthly meetings) and gives the mother tie‑breaker decision‑making on major issues if parties cannot agree for one year subject to review and the...

Court Disposition

Judgment awarding equal shared custody and joint guardianship with a detailed parenting plan and ancillary procedural directions