L.R.C. v. J.M.C.

L.R.C. v. J.M.C.

Shared custody on an alternating-week scheme is ordered because ongoing involvement of both parents is in the children's best interests and the particular schedule minimizes parental contact and conflict; child support is set under the Federal Guidelines with imputed parental income and a s.10 reduction for non-reimbursed employment expenses, yielding $226/month payable in two installments.

Citation
2008 BCSC 408
Parties
Plaintiff (mother): L.R.C.; Defendant (father): J.M.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 April 2008
Procedural Posture
Family Law Custody, Maintenance, Property Division, Divorce / Trial Reasons for Judgment
Outcome
Shared custody awarded; joint guardianship granted; child support ordered; property division and divorce ordered as agreed; costs settled by payment.
Legal Topics
Shared Custody, Guardianship, Access, Federal Child Support Guidelines, Income Imputation, Extraordinary Expenses, Pension Division, Costs, Restraining Orders, Counselling Orders
Source Language
English
Family Law Child Custody Child Support Property Division Divorce Shared Custody Guardianship Access +7 more

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Parties

L.R.C.

Plaintiff (mother)

J.M.C.

Defendant (father)

Procedural Posture

Family Law Custody, Maintenance, Property Division, Divorce / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether shared custody or sole custody is in the best interests of the children
  2. 2 Calculation of child support in a shared custody context under the Federal Child Support Guidelines including imputed income and s.10 hardship adjustments
  3. 3 Whether child tax benefits count as income for Guidelines purposes and their weight as a circumstance under s.9

Ratio Decidendi

Shared custody on an alternating-week scheme is ordered because ongoing involvement of both parents is in the children's best interests and the particular schedule minimizes parental contact and conflict; child support is set under the Federal Guidelines with imputed parental income and a s.10 reduction for non-reimbursed employment expenses, yielding $226/month payable in two installments.

Court Disposition

Shared custody awarded; joint guardianship granted; child support ordered; property division and divorce ordered as agreed; costs settled by payment.

Orders

  • Shared custody on alternate weeks defined Friday 4:00 p.m. to next Friday 4:00 p.m.
  • Exchange point: Pitt River Road gas station for pick up and drop off