R.G. v. T.D.

R.G. v. T.D.

The court found a material and compelling change in circumstances since Order #1 (T.D.'s return to work, daycare and schooling expenses and related costs) such that paragraph 8 of Order #1 should be varied on an interim basis: the court set a detailed access schedule, vacated the absolute travel prohibition and replaced it with notice requirements for overnight and international travel, allowed reciprocal intra‑provincial travel by R.G. during access with notice, ordered interim child support of $1,072 per month commencing 1 August 2012, but adjourned the issue of retroactive child support to trial and declined to order interim contributions by R.G. to extraordinary expenses while...

Citation
2012 BCSC 2204
Parties
Claimant: R.G.; Respondent: T.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 July 2012
Procedural Posture
Family Law Custody and Child Support / Interim Application Hearing (pre Trial)
Outcome
Interim orders varied in part: access schedule set; travel prohibition vacated with specified notice requirements; interim child support ordered; retroactive support adjourned to trial; no interim contribution by father to extraordinary expenses; court remains seized of access and travel issues.
Legal Topics
Access Schedule, Travel Authorization and Notice, Variation of Interim Order, Retroactive Child Support, Extraordinary Expenses (private Schooling), Parental Decision Making Authority
Source Language
English
Family Law Custody and Access Child Support Parental Travel/relocation Interim Relief Access Schedule Travel Authorization and Notice Variation of Interim Order +3 more

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Parties

R.G.

Claimant

T.D.

Respondent

Procedural Posture

Family Law Custody and Child Support / Interim Application Hearing (pre Trial)

Legal Issues

  1. 1 Establishment of detailed access schedule for minor child J.
  2. 2 Whether respondent T.D. may travel off Vancouver Island with J. without claimant R.G.'s consent
  3. 3 Whether paragraph 8 of Order #1 relieving R.G. of child support should be varied (prospective child support)

Ratio Decidendi

The court found a material and compelling change in circumstances since Order #1 (T.D.'s return to work, daycare and schooling expenses and related costs) such that paragraph 8 of Order #1 should be varied on an interim basis: the court set a detailed access schedule, vacated the absolute travel prohibition and replaced it with notice requirements for overnight and international travel, allowed reciprocal intra‑provincial travel by R.G. during access with notice, ordered interim child support of $1,072 per month commencing 1 August 2012, but adjourned the issue of retroactive child support to trial and declined to order interim contributions by R.G. to extraordinary expenses while...

Court Disposition

Interim orders varied in part: access schedule set; travel prohibition vacated with specified notice requirements; interim child support ordered; retroactive support adjourned to trial; no interim contribution by father to extraordinary expenses; court remains seized of access and travel issues.

Orders

  • Access schedule for R.G. with J. set from July 2012 through May 2013 as detailed in reasons
  • Paragraph 3 of Order #1 vacated; T.D. may take J. off Vancouver Island for day trips without prior consent; for overnight travel within Canada T.D. to give R.G. at least three clear days notice (dates, means, accommodation, emergency contact); for international travel T.D. to give R.G. at least three weeks notice...