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The court increased the father's parenting time in stages, removed a geographic restriction, gave the mother final say on vaccinations, refused a surname change, and imputed income to the mother.
Interim family law orders were made in part: limited parental decision-making was reallocated, a new parenting coordinator was ordered, and the child’s surname was changed.
The court held that Adam should remain in New Hazelton with his father for grade 1, set contact for the mother, ordered a surname change to Findlater-Naziel, and made no costs order.
Court ordered the child’s primary residence in Vernon with the mother, joint guardianship, a modified parenting schedule, retained the registered surname, and monthly child support of $950.
On a balance of probabilities the child’s best interests require joint legal custody with the father (R. M.) providing the primary residence and having final decision‑making authority after consultation because he has been the de facto primary caregiver since separation, provides greater stability and routine, is more consistent in meeting material and caregiving needs, and the mother’s relocation, lack of timely communication and inconsistent planning undermine her claim to be primary caregiver; accordingly the court granted joint custody, primary residence and final decision making to the f…
Source excerpt
Family law trial addressing custody, relocation, access, support, income imputation, and a child’s name. The court denied relocation, awarded sole custody to the mother, and imputed the father’s income.
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