S.D.H. v. T.H.

S.D.H. v. T.H.

Applying the Fotheringham substantial-success framework and the Family Law Act best interests analysis, the court found both parties had limited successes but the respondent was more successful overall (notably on parental decision-making and preserving respondent's decision-making authority); accordingly the respondent was awarded 75% of her costs against the claimant.

Citation
2016 BCSC 780
Parties
Claimant: S.D.H.; Respondent: T.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 May 2016
Procedural Posture
Family Law Parenting Time and Responsibilities Application / Costs Determination Following Substantive Judgment
Outcome
Respondent awarded 75% of her costs against the claimant.
Legal Topics
Parenting Time, Parental Decision Making, Change in Circumstances, Costs Awards, Section 211 Reports, Parenting Coordinator
Source Language
English
Family Law Child Custody and Access Civil Procedure Costs Parenting Time Parental Decision Making Change in Circumstances Costs Awards Section 211 Reports +1 more

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Parties

S.D.H.

Claimant

T.H.

Respondent

Procedural Posture

Family Law Parenting Time and Responsibilities Application / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 Whether there was a material change in circumstances warranting a change to parenting time
  2. 2 What allocation of parenting time and parenting responsibilities serves the children's best interests
  3. 3 Whether equal parenting responsibilities should be granted

Ratio Decidendi

Applying the Fotheringham substantial-success framework and the Family Law Act best interests analysis, the court found both parties had limited successes but the respondent was more successful overall (notably on parental decision-making and preserving respondent's decision-making authority); accordingly the respondent was awarded 75% of her costs against the claimant.

Court Disposition

Respondent awarded 75% of her costs against the claimant.

Orders

  • Respondent awarded 75% of her costs against the claimant