V.L. v. O.L., 2018 BCPC 67

Citation: V.L. v. O.L. 2018 BCPC 67 Date: 20180314 File No: 17-29707 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE FAMILY LAW ACT , S.B.C. 2011 c. 25 BETWEEN: V.L. APPLICANT AND: O.L. RESPONDENT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE GOVE Appearing in person: V.L. Appearing in person: O.L. Place of Hearing: Vancouver , B.C. Date of Hearing: March 13, 2018 Date of Judgment: March 14, 2018

[ 1 ] THE COURT: This is a Family Law Act hearing on the issues of parenting time and child support. [ 2 ] The parents are [V.] and [O.L.]. Their children are [M.], born [omitted for publication], known as [M.] -- he is 13 years of age -- and [L.], born [omitted for publication]. She is nine years of age. [ 3 ] The parents and [M.] immigrated to Canada from Kazakhstan in 2006. They separated in 2015. [V.] works in an architectural firm. [O.] works as a realtor. Both live near to each other in downtown Vancouver. [V.]’s parents live in Gibsons.

His sister and family live in Burnaby. [ 4 ] The current parenting arrangement is set out in a consent order made September 21, 2017. [V.] has parenting time with the children on Tuesday, from 5:30 to 8:30 p.m., and on Friday from 5:30 p.m. to Sunday at 8:30 p.m. [ 5 ] A dispute arose over the children's passports and travel. This led to a court order made December 18, 2017, allowing the children to travel with [O.] to Mexico without [V.]’s permission. [ 6 ] After separation, [V.] paid to [O.] for child support $925 each month.

Since November 30, 2017, on the belief that he has the children 40 percent of the time and that [O.] has increased her income, he has been paying $500 each month. He also pays one-half of piano and chess lessons. [O.] receives the Child Tax Benefit. [ 7 ] Both [V.] and [O.] testified, as well as filed numerous documents as exhibits. [ 8 ] Their positions basically come down to: [V.] wants to extend the weekend parenting time to Monday morning, when the children would then go to school. With this, he would not have the children on Tuesday evenings.

His alternative proposal is for the children to be with him for one week and then [O.] for one week. [ 9 ] [O.] wants to keep the parenting time as it is, plus she would like to have the children with her for certain long weekends during the year. [ 10 ] They agree to split school vacation times, although [O.] was not in favour of the children being with [V.] for a month at a time in the summer. [ 11 ] They both agree to each being able to take the children out of Canada for vacations. [ 12 ] The parents describe their children in glowing terms. [M.] has some cognitive complications, and is by accounts a brilliant "scientist" who attends a gifted student program of the Vancouver School Board. [L.] is younger, more athletic than her brother, enjoying dance.

Both children play musical instruments, have exposure to classical music and to the arts. By all accounts, they are receiving a well-rounded upbringing. [ 13 ] [O.] has taken a lead on education and arts. [V.] is more involved in outdoor and physical activities. It appears that the children enjoy a balanced life from very involved parents. [ 14 ] [V.] wants the children with him Sunday nights to somewhat normalize their relationship. He would then have to make their lunches for the next day at school and get them off to school Monday morning.

They would not have the disruption of coming to him for three hours on Tuesday evening. [ 15 ] [O.] is concerned [V.] would not be responsible enough to make the lunches, get the children off to school and so forth. The children also would have to take clothes and other items with them on Friday evenings for school Monday morning. [ 16 ] [V.] believes that [O.] wants his parenting time reduced to under 40 percent so that he would have to pay more in child support.

I am not satisfied that that is her motivation. [ 17 ] After carefully considering the evidence, the documents filed and the submissions made by the parents, I have concluded that the following would be best for all concerned, and in particular the best interests of the children, at this time. [ 18 ] I accept the evidence of both parents, that the children want their parenting time together; in other words, whether they are with their mother or father, the children want to be together, and they want to spend significant parenting time with each parent. [ 19 ] I have also considered the parents' current work schedules. [V.] works Monday to Friday from 8:30 to 5:00. [O.] works Monday, Tuesday, Thursday, Friday and Sunday. [V.] sometimes has to work longer hours based on his work demands. [O.]’s

schedule may change as she works towards being an independent realtor. [ 20 ] The orders of July 31, 2017, and September 21, 2017 are set aside. New Order [ 21 ] Each parent is a guardian of each child. Parenting Time [ 22 ] Except as set out in this order, [V.] will have parenting time with the children each week from Friday at 5:30 p.m. to Monday at

8:30 a.m. [O.] will have parenting time with the children each week from Monday after school to Friday at 5:30 p.m. [ 23 ] [O.] will have parenting time the weekends of B.C. Family Day, Victoria Day and Thanksgiving Day.

The children will not have parenting time with [V.] on those weekends but will on the two Wednesday evenings, 5:30 to 8:30, in the weeks before and after those weekends. [ 24 ] The parents will have parenting time during alternate Easter weekends, being Thursday at 5:30 p.m. to Monday at 7:00 p.m. and school spring break. [O.] will have the children for Easter of 2018 and [V.] will have the children for spring break of 2018. That will alternate each year. [ 25 ] In alternating years, the parents will have the children during the Christmas school break.

In 2018, [O.] will have the children from when school is out for the school break until December 25 at 5:30 p.m. [V.] will have the children from December 25 at 5:30 p.m. to the night before school recommences at 5:30 p.m. In subsequent years, this will alternate. Summer [ 26 ] In alternating years, by each parent giving notice to the other by May 1st of that year, which notice may be given in writing or by email, the regular parenting time will be disrupted. [ 27 ] In 2018, [O.] will have two uninterrupted weeks in July and [V.] will have two uninterrupted weeks in August.

Those months will alternate in 2019. [ 28 ] Upon agreement by the parents, the parenting times set out in this order can be changed without varying the order. This includes the days and the times. I would invite them, as the children grow older, to discuss as between themselves, in consultation with the children, as to whether different times and days may make more sense. However, if they cannot agree, they will come back to court, but I am hopeful that will not be necessary.

Child Support [ 29 ] Each parent, I am satisfied, has at least 40 percent parenting time; therefore the Guidelines are used in a different way than if one had a greater amount of parenting. [ 30 ] In reviewing the material, appreciating that some of it is a bit dated, I am satisfied that [O.]’s income is $40,000 a year, which the Guideline amount of payment for two children would be $635. [V.]’s income is $65,000, which would be a Guideline payment of $1,010.

The mathematical calculation in terms of the difference between those is $375. [ 31 ] However, the court must look at two other factors including the increased cost of shared parenting. I am satisfied in this case this is not a significant factor. The parents live near to each other. [L.]’s school is near to both of their homes. [M] takes the bus to school.

So no one is incurring an expense in terms of travel and transportation. [ 32 ] I also must look at the conditions, means, needs and other circumstances of each parent and child. [ 33 ] [O.] is primarily responsible for providing clothing for the children. [V.] seems to be primarily responsible for providing items such as computers and a cell phone for [M]. [V] is currently paying $500 each month, plus one-half of the piano and chess lessons. [ 34 ] Having regard to the legal test when dealing with shared parenting, which is what this is, I consider it appropriate to set the child support for the two children at $100 over the mathematical calculation in the Guidelines .

Therefore, for support of both children, [V.] will pay to [O.] $475 each month, payable on April 1, 2018, and on the first day of each month thereafter. [ 35 ] In addition, they will equally share the cost of any special or extraordinary expenses, such as piano or chess lessons and recreational and sport programs, as they agree upon. [ 36 ] The parents will exchange Revenue Canada notices of assessment by July 1st of each year, and the quantum of child support will be adjusted according to the application of the Child Support Guidelines as of July 1st of each year. [ 37 ] Each guardian may apply for a passport for each child without the consent of the other guardian. [ 38 ] Each guardian may take the children out of British Columbia and out of Canada for a vacation upon giving written notice, including email, at least two weeks in advance of the intention to do so. [ 39 ] Each guardian may take the children out of Canada for a vacation without the written consent of the other guardian. [ 40 ] I think that deals with all of the issues.

The order will be drawn by the registry. The parents do not need to sign the order. [ 41 ] I also intend to have a copy of my reasons transcribed, and they will be available to you. [ 42 ] Good luck. Thank you. [REASONS FOR JUDGMENT CONCLUDED]