McInroy v. Saarloos

McInroy v. Saarloos

Shared joint custody with equal parenting time (week-on/week-off) is in the child's best interests given the status quo and lack of convincing evidence to award primary care to the mother; a clear parenting schedule and communication rules will address concerns; for maintenance the set-off method applies and the father's rental income was imputed because he did not reasonably utilize the property to generate income, producing a $44/month set-off payment from mother to father.

Citation
2012 NSSC 415
Parties
Applicant (mother): Rebecca Ellen McInroy; Respondent (father): Rian Saarloos
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 November 2012
Procedural Posture
Maintenance and Custody Act Application / Decision After Full Hearing (nov 26 27, 2012)
Outcome
Joint custody awarded; equal parenting time on a week-on/week-off basis with detailed schedule and decision-making allocations; mother to pay set-off child support of $44/month to father; father’s rental income imputed for maintenance calculation; parents ordered to share childcare and extracurricular costs per...
Legal Topics
Shared Parenting, Custody and Access, Child Maintenance Set Off, Imputation of Income, Parenting Schedule, Decision Making Authority, Restriction on Drug Use by Parent
Source Language
English
Family Law Child Custody Child Support Shared Parenting Custody and Access Child Maintenance Set Off Imputation of Income Parenting Schedule +2 more

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Parties

Rebecca Ellen McInroy

Applicant (mother)

Rian Saarloos

Respondent (father)

Procedural Posture

Maintenance and Custody Act Application / Decision After Full Hearing (nov 26 27, 2012)

Legal Issues

  1. 1 What parenting arrangement is in the best interests of the child?
  2. 2 What is the proper child maintenance amount in a shared parenting (set-off) situation?
  3. 3 Whether to impute rental income to the father for maintenance calculations

Ratio Decidendi

Shared joint custody with equal parenting time (week-on/week-off) is in the child's best interests given the status quo and lack of convincing evidence to award primary care to the mother; a clear parenting schedule and communication rules will address concerns; for maintenance the set-off method applies and the father's rental income was imputed because he did not reasonably utilize the property to generate income, producing a $44/month set-off payment from mother to father.

Court Disposition

Joint custody awarded; equal parenting time on a week-on/week-off basis with detailed schedule and decision-making allocations; mother to pay set-off child support of $44/month to father; father’s rental income imputed for maintenance calculation; parents ordered to share childcare and extracurricular costs per...

Orders

  • Joint custody awarded to both parents with equal parenting time on a weekly rotating basis (weekly rotation with Friday transfers and Wednesday evening contact)
  • Detailed holiday, vacation and special occasion schedule as set out in the decision (Christmas, Easter, March Break, summer, birthdays, Mother's Day and Father's Day allocations)