Mississauga Family Law

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Mississauga Family Law:

In the interim application of A.M.B. v. D.F.B., 2013 BCSC 2026, the Claimant mother applied for child support, spousal support, and exclusive occupancy of the family home.  The parties were together for 17 years and had two children aged 17 and 15.

Notably, the parties continued to share the family home after separation in a “nesting” arrangement, where the children would remain in the family home and the mother and father would take turns living in the home with the boys on a one week on/one week off basis.

During the marriage, the mother stopped working as a lab technician and performed the traditional role of homemaker, caring for the children when they were young.

Ms. B returned to work in 2011 as a lab technician and her income was agreed to be $25,000. After separation, Mr. B paid Ms. B $500 per month and reimbursed her for expenses for the children, provided that she provided him with receipts.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Mississauga Family Law Firm.

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There was a discrepancy around what Mr. B’s income should be for the purposes of determining support, as Mr. B wanted to decrease his income by 30%, saying that it was necessary for “business stability” purposes.

Mississauga Family Law Firm

In the end, it was determined that his income for support purposes was $228,800.  The Court further ordered that he pay Ms. B spousal support at the high end of the Spousal Support Advisory Guidelines range at $5,064 per month, and child support in the amount of $2,706 per month.

Mr. Justice Greyell commented that, while Mr. B did not have arrears owing with respect to his support obligations, the “issue in my view is not particularly the amount the respondent has paid but rather the manner in which it has been paid.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Mississauga Family Law Firm.

Under the arrangement the parties currently have in place, Ms. B is required to produce receipts for all expenditures.  Consistent with the principles upon which spousal support is based, Ms. B is entitled to support free from having to account to Mr. B for what she spends.”

Lastly, the Court ordered that the Claimant have exclusive occupation of the family home on a time limited basis.  While in some traditional families, it may be expected that the husband takes care of the finances, that is not something that should be carried over into a separation.

Family Law Act

Under the Family Law Act, the definition of family violence includes unreasonable restrictions on a family member’s financial autonomy.  Requiring receipts before reimbursing expenses is a subtle form of financial abuse, but it meant that everything Ms. B purchased had to be “approved” by Mr. B, or it may not have been reimbursed.

Financial abuse occurs when a partner, or ex-partner, tries to use money to control you, and includes behaviour such as rigidly controlling finances, withholding money or credit cards, making you account for all the money you spend, preventing you from working, and stealing from you or taking your money.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Mississauga Family Law Firm.

If you are going through a separation or divorce and think you may be suffering from financial abuse, contact a competent family law lawyer in your area to find out what your rights are.

Thanks to the Family Law Act which came into force in 2013, British Columbia is one of the first jurisdictions in the world (if not the first) to recognize more than two parents on a child’s birth certificate.

Della Wolf Kangro Wiley Richards of Vancouver is the first baby in British Columbia to have three parents on her birth certificate, and it is likely that she won’t be the last.

With some couples turning to assisted reproduction in order to conceive or have children, this is something that can help to clarify the rights of all involved.  The FLA allows for sperm donors to be listed as additional parents on the child’s birth certificate provided that the parents sign a written agreement before conception.

Mississauga Family Law Firm

Generally, if there is no agreement prior to conception, a donor will not be considered a parent, and a donor would not be considered a parent to a child by reason only of the “donation”.  Baby Della came to be after Danielle Wiley and her wife, Anna Richards, sought more than genetic material from their sperm donor: an actual father figure as well.  This came in the form of an old friend of Mrs. Richards, Shawn Kangro.

Assisted reproduction

Before Della was conceived, the parties drafted a written contract that outlined the roles and responsibilities of each of the parents.  In this case, it was reported that Mrs. Wiley and Mrs. Richards would have guardianship, custody and financial responsibility of Della, and that Mr. Kangro would be a guardian with rights to have parenting time with Della.

Mississauga Family Law Firm

For these parents, it appears that having the roles clarified prior to having baby Della was a way to provide clear expectations.  It is important to note that if the agreement and any parenting arrangements were to be challenged in the future by any one of the parents, the only consideration would be the best interests of Della.

While the family encountered a few issues with the actual registration of three parents on Della’s birth certificate, Vital Statistics has at least created a new form with space for up to four parents to be registered.

With assisted reproduction, the FLA now recognizes that biology and genetic material are not always the only or main determinants of parentage, and that the intention of the parties who work together to create a child is also important when it comes to determining parentage and defining its roles and responsibilities.

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