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In this urgent family law application, the court allowed travel to Romania and Austria, ordered passport renewal and mutual travel authorizations, and declared both parents guardians.
The court dismissed relocation of A to Calgary, kept primary residence with the claimant in Chilliwack, set new parenting and contact orders, awarded child support, and declined divorce jurisdiction.
Applicant failed to prove on a balance of probabilities that his prior divorces were valid; his testimony was not credible and documentary proof was insufficient; therefore the marriage is declared void, applicant did not marry respondent in good faith and is not entitled to property division under the Matrimonial Property Act; applicant is nevertheless the child's guardian but renewal of contact is not in child's best interests and is denied; applicant entitled to lump sum spousal maintenance under the Maintenance and Custody Act in recognition of economic consequences of cohabitation and lo…
Source excerpt
Family law judgment on parenting, support, property division and divorce. The child was placed primarily with the father, support orders were varied, and family assets and debts were divided.
Because Michael Skinner jointly applied for and was granted legal custody alongside the applicant he stood in the position of a guardian/parent under the Maintenance and Custody Act and therefore was under a statutory duty to contribute to the child's maintenance; accordingly the court ordered child support in the table amount based on his 2008 income.
Source excerpt
High Court of British Columbia divorce reasons addressing custody, access, child support, spousal support, and relocation notice between Jennifer Rose Schill and Jarrett Andreas Schill.
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