Prittie v. Dorey

Prittie v. Dorey

Joint custody and guardianship awarded with provision that father has final decision-making power on significant disputes because parents cannot cooperate; petitioner entitled to needs-based spousal maintenance limited in amount and reviewable after 18 months based on evidence of disability and respondent's earning capacity (court imputed earning capacity of $80,000/year); interim arrears substantially reduced to $10,000 given overstatement of interim income estimate and respondent's changed means; child support set under s.9 of Guidelines with transitional and adjusted table amounts (monthly $271 July–Dec 2000; $450 from Jan 1, 2001).

Citation
2000 BCSC 1166
Parties
Petitioner: Frances Mary Prittie; Respondent: Simon Peter John Dorey
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 July 2000
Procedural Posture
Divorce and Family Law (custody, Child Support, Spousal Maintenance) / Trial Judgment (reasons for Judgment)
Outcome
Judgment granted in part for petitioner: joint custody and guardianship granted with specified tie-breaker in favour of respondent; spousal maintenance awarded to petitioner on a needs basis and reviewable; child support ordered payable by respondent; arrears of spousal maintenance partially cancelled.
Legal Topics
Needs Based Maintenance, Compensatory Maintenance, Shared Custody, Variation and Enforcement of Maintenance Orders, Child Support Guidelines Application
Source Language
English
Family Law Divorce Spousal Maintenance Child Support Custody and Access Needs Based Maintenance Compensatory Maintenance Shared Custody +2 more

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Parties

Frances Mary Prittie

Petitioner

Simon Peter John Dorey

Respondent

Procedural Posture

Divorce and Family Law (custody, Child Support, Spousal Maintenance) / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether spousal maintenance should be awarded and on what basis, amount and duration
  2. 2 Whether joint or sole custody should be ordered and how to resolve parental decision-making deadlocks
  3. 3 Calculation of child support under s.9 of the Federal Child Support Guidelines in a shared-care situation

Ratio Decidendi

Joint custody and guardianship awarded with provision that father has final decision-making power on significant disputes because parents cannot cooperate; petitioner entitled to needs-based spousal maintenance limited in amount and reviewable after 18 months based on evidence of disability and respondent's earning capacity (court imputed earning capacity of $80,000/year); interim arrears substantially reduced to $10,000 given overstatement of interim income estimate and respondent's changed means; child support set under s.9 of Guidelines with transitional and adjusted table amounts (monthly $271 July–Dec 2000; $450 from Jan 1, 2001).

Court Disposition

Judgment granted in part for petitioner: joint custody and guardianship granted with specified tie-breaker in favour of respondent; spousal maintenance awarded to petitioner on a needs basis and reviewable; child support ordered payable by respondent; arrears of spousal maintenance partially cancelled.

Orders

  • Joint custody and guardianship of the child on specified terms with respondent having ultimate decision-making power on unresolved significant matters and petitioner entitled to seek review under s.32 Family Relations Act
  • Spousal maintenance payable by respondent to petitioner $450 per month commencing July 1, 2000 through December 1, 2000 and $700 per month commencing January 1, 2001 until further order or agreement; maintenance reviewable in 18 months; petitioner to provide quarterly written reports on medical/rehabilitation status...