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Family law 2026 NSSC 147

Hill v. Richards

The court retained a shared parenting regime because it is in the child's best interests given comparative evidence; imputed incomes ($25,000 for Mr. Hill from 2024, lower amounts earlier; specified incomes for Ms. Richards) justified a set-off calculation leading to prospective monthly set-off child support of $433 payable by Ms. Richards; retroactive child support was awarded based on set-off calculations and credits totaling $23,562 payable by June 15, 2026; limited spousal support $200/month for 24 months awarded to Mr. Hill based on relationship interdependence, his compromised earning c…

  • Shared parenting
  • Joint family venture
  • Retroactive child support
  • Imputation of income
  • Set-off calculation
  • Maintenance enforcement
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Family law 2026 BCSC 760

M.A.L. v. V.G.A.

On credibility and best interests grounds the mother's evidence was preferred, the father was found not fully credible and responsible for escalatory conduct including a family violence incident (June 17, 2022); joint guardianship retained but the mother granted final decision-making for education and health; parenting time ordered on a 14-day rotation giving mother 9 nights and father 5 nights (approx 60/40) with specified summer and holiday arrangements; respondent's property and disclosure claims regarding Indian land and bank/mutual funds were dismissed for lack of reliable evidence; resp…

  • Parenting time
  • Guardianship
  • Decision-making authority
  • Section 7 expenses
  • Family violence
  • Conduct orders
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Family law 2026 BCSC 719

A.A.L. v. A.F.L.

The court held that (1) relocation to Vernon by Ms. L is permitted and she will remain the primary caregiver because that arrangement best serves the children's stability and welfare given her primary caregiving role and available support; (2) a graduated parenting regime is ordered increasing Mr. L's unsupervised parenting time with specified transition periods; (3) on income the court accepted agreed imputations: Mr. L's income imputed to $192,370 (May-Dec 2024) and $239,130 (from Jan 1, 2025); Ms. L's income imputed to $65,000 up to Oct 1, 2025 and $75,000 thereafter; (4) child support and…

  • Relocation
  • Parenting arrangements
  • Child support
  • Spousal support
  • Cohabitation agreement interpretation
  • Property valuation
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Family law 2026 NSSC 105

Byrne v. Carlow-Byrne

22 Empire Loop is matrimonial property and the statutory presumption of equal division applies. The respondent's prior ownership, sole title, sole payment of mortgage/taxes/insurance, and prior division in an earlier divorce did not constitute the convincing evidence required under s.13 to justify an unequal division. Applicant's documented financial and non-financial contributions supported an equal split. Accordingly net sale proceeds are to be divided equally; no retroactive child support awarded; prospective child support set on current income of $95,533 at $814/month commencing March 1,…

  • Unequal division under s.13
  • Matrimonial home
  • Retroactive and prospective child support
  • Administrative recalculation of support
  • Personal property claim
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Family law 2026 BCSC 675

C.L.R. v. M.A.R.

Given the respondent's continuing active addiction, limited engagement in treatment, and unstable parenting history, the court awarded all parental responsibilities to the claimant and ordered supervised parenting time with testing and progressive increase; the respondent's income was imputed at minimum wage ($37,128) because he is intentionally unemployed and capable of working, resulting in child support of $561 per month commencing May 1, 2026 and retroactive child support of $9,537 from December 1, 2024; dividends received by respondent were family property and net proceeds and specified…

  • Parenting time
  • Parental responsibilities
  • Supervised parenting
  • Drug testing
  • Imputation of income
  • Retroactive child support
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Family law 2026 BCSC 660

Lamons v. Boston

The student loan obtained in 2017-2018 was principally used for family living expenses and therefore constitutes family debt divisible between the parties; the respondent is liable for one half of the divisible student loan and related overpayments, and the court will order specified equalization and division of benefits while declining to infer that the respondent converted the 2018 transfer into a nonfamily asset remaining at separation absent adequate evidence.

  • Equalization
  • Student loan as family debt
  • Adverse inference for non-disclosure
  • Workers' compensation benefits
  • Cpp pension equalization
  • Costs
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Family law 2026 BCSC 615

P. A. R. v. K. A. S.

Claimant failed to meet the burden to prove the adult son reverted to being a child of the marriage; Respondent's voluntary cash and expense payments from 2016–2022 met or exceeded likely guideline spousal support such that, given the subsequent material change (Respondent's retirement and health, Claimant's current income), it is grossly unfair to require payment of assessed arrears and they are cancelled; family property is to be divided equally under the FLA absent evidence of significant unfairness, subject to specific deductions for shared family debt and bailiff costs; divorce granted.

  • Retroactive spousal support
  • Adult child support under divorce act s.2(1)(b)
  • Equal division of family property and s.95 significant unfairness
  • Cancellation of spousal arrears
  • Foreclosure and sale of family home
  • Family violence allegations and credibility
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Family law 2026 BCSC 590

M.B. v. K.V.

Permission to relocate was refused because, after applying the statutory best-interests factors, the court concluded that risks from loss of Canadian government benefits and medical coverage, limited durable family support in South Africa, and likely permanent damage to the father-child relationship outweighed factors favouring relocation (mother's need and child's expressed preference); however, there was a sufficient change in circumstances to vary child support and ancillary provisions related to dividend distribution, tax transparency, special expenses and property sale, with incomes fixe…

  • Best interests of the child
  • Relocation under the divorce act
  • Change in circumstances
  • Special (s.7) expenses
  • Dividend income characterization
  • Retroactive child support
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Family law 2026 BCSC 579

R.E.F. v. J.F.

Equal parenting was denied because the respondent has not demonstrated willingness and capacity to cooperate with claimant or to prioritize and reliably manage the childrens' extensive therapeutic, educational and routine needs given his hostility, unreliable history and resistance to joint management; court maintained primary residence with claimant, adjusted and slightly expanded respondent's parenting time, fixed child support on respondent income of $38,393 (producing $585/month effective April 1, 2026), apportioned s.7 special/extraordinary expense shares (claimant 71%, respondent 29%) r…

  • Parenting arrangements
  • Special and extraordinary expenses
  • Consent order enforcement
  • Section 211 report
  • Conduct orders (s.222 fla)
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Family law 2026 BCSC 475

A.L.A. v. M.N.A.

The court accepted the s.211 evaluator's findings and the father's credibility on financial evidence, found no proven physical abuse or coercive control, found an unhealthy mother-child alignment meriting remedial intervention, concluded shared parenting time equally after a staged transition is in the child's best interests, maintained joint guardianship while temporarily allocating exclusive decision-making for education/extracurriculars to the father for six months plus five weeks to monitor cooperation, found no divisible matrimonial assets of value at separation (law firm had no goodwill…

  • Parenting time
  • Guardianship and decision-making
  • Parental alienation / resist-refuse behaviour
  • Coercive control
  • Psychological/section 211 assessment
  • Valuation of professional practice
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