Hellberg v. Netherclift

Hellberg v. Netherclift

On an overall assessment of the child's best interests the court concluded the mother has materially better and more immediate employment prospects and family support in the UK, the father's claimed income increase was not proven and his financial position remained marginal, and relocation would provide greater stability and future opportunity for the child; accordingly the child’s primary residence was awarded to the mother, she was permitted to relocate to the UK with the child, parents retain joint guardianship with specified access and communication arrangements, the father pays the claimant $10,000 as property settlement, and costs awarded to the claimant.

Citation
2018 BCSC 357
Parties
Claimant: Lucy Hellberg; Respondent: Simon Netherclift
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 March 2018
Procedural Posture
Family Law Child Relocation and Custody Under the Divorce Act / Trial (rehearing After Appellate Remittal)
Outcome
Claimant's application to relocate the child to the UK granted; claimant awarded primary residence/custody and parties awarded joint guardianship; property settlement and access/communication orders made; costs to claimant.
Legal Topics
Child Relocation, Best Interests of the Child, Reopening Trial/new Evidence, Credibility Findings, Income and Employment Evidence, Access Arrangements, Division of Family Assets, Costs
Source Language
English
Family Law Child Custody Relocation Property Division Guardianship Access Child Relocation Best Interests of the Child +6 more

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Parties

Lucy Hellberg

Claimant

Simon Netherclift

Respondent

Procedural Posture

Family Law Child Relocation and Custody Under the Divorce Act / Trial (rehearing After Appellate Remittal)

Legal Issues

  1. 1 Whether the mother should be permitted to relocate the child to the UK
  2. 2 Whether new evidence warranted reopening/setting aside earlier summary-trial orders
  3. 3 How to assess and weigh parents' employment prospects and income in best interests analysis

Ratio Decidendi

On an overall assessment of the child's best interests the court concluded the mother has materially better and more immediate employment prospects and family support in the UK, the father's claimed income increase was not proven and his financial position remained marginal, and relocation would provide greater stability and future opportunity for the child; accordingly the child’s primary residence was awarded to the mother, she was permitted to relocate to the UK with the child, parents retain joint guardianship with specified access and communication arrangements, the father pays the claimant $10,000 as property settlement, and costs awarded to the claimant.

Court Disposition

Claimant's application to relocate the child to the UK granted; claimant awarded primary residence/custody and parties awarded joint guardianship; property settlement and access/communication orders made; costs to claimant.

Orders

  • Claimant permitted to relocate permanently to the United Kingdom with the child (born July 21, 2013)
  • Claimant shall be the custodial parent and both parties shall be joint guardians of the child with the child's primary residence with the claimant