B.G.L. v. S.C.L.

B.G.L. v. S.C.L.

Relocation denied because claimant failed to prove viable employment in Prince George, move would disrupt children's schooling and social roots and would significantly reduce father's access; joint custody with equal week-on/week-off residence and joint guardianship on Master Joyce model awarded as being in children's best interests; equal division of net sale proceeds ordered because claimant failed to prove unfairness required to upset equal division; child support set at $962/month by guideline set-off using 2011 incomes and shared custody principles; spousal support fixed at $1,300/month from June 1, 2012 with earlier payments recognized and review date set for May 1, 2015.

Citation
2012 BCSC 1637
Parties
Claimant: B.G.L.; Respondent: S.C.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 November 2012
Procedural Posture
Divorce / Family Law / Trial Judgment (reasons for Judgment)
Outcome
Divorce granted. Claimant's relocation application dismissed. Joint custody and joint guardianship ordered with week-on/week-off shared parenting schedule. Proceeds of sale divided equally. Child support and spousal support ordered. Court-ordered psychologist costs allocated between parties with respondent to pay...
Legal Topics
Mobility/relocation, Joint Custody, Joint Guardianship, Division of Matrimonial Property, Spousal Maintenance, Child Maintenance, Guideline Income, Expert Psychological Report
Source Language
English
Family Law Child Custody and Access Property Division Spousal Support Child Support Mobility/relocation Joint Custody Joint Guardianship +5 more

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Parties

B.G.L.

Claimant

S.C.L.

Respondent

Procedural Posture

Divorce / Family Law / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the claimant should be permitted to relocate the children to Prince George
  2. 2 Appropriate custody and guardianship arrangement
  3. 3 Proper division of proceeds from sale of former matrimonial home

Ratio Decidendi

Relocation denied because claimant failed to prove viable employment in Prince George, move would disrupt children's schooling and social roots and would significantly reduce father's access; joint custody with equal week-on/week-off residence and joint guardianship on Master Joyce model awarded as being in children's best interests; equal division of net sale proceeds ordered because claimant failed to prove unfairness required to upset equal division; child support set at $962/month by guideline set-off using 2011 incomes and shared custody principles; spousal support fixed at $1,300/month from June 1, 2012 with earlier payments recognized and review date set for May 1, 2015.

Court Disposition

Divorce granted. Claimant's relocation application dismissed. Joint custody and joint guardianship ordered with week-on/week-off shared parenting schedule. Proceeds of sale divided equally. Child support and spousal support ordered. Court-ordered psychologist costs allocated between parties with respondent to pay...

Orders

  • Claimant's application to move children's residence to Prince George dismissed
  • Claimant and respondent share joint custody with week-on/week-off rotation and share one-half of holidays and school breaks