Supreme Court
Decision Information
Summary: Child, now three years old, was born mid-way in two year common law relationship. Parents shared child rearing duties when together. Since then father in jail for nine months. Mother opposes joint custody with no real reason. Court considers this factor, but gives it little weight. No evidence the parents can put aside their personal differences to make co-operative decisions about the child. Too much uncertainty to grant joint custody. Father presently grosses 2262.00 per month as laborer, wants to pay reduced child support because he plans to start three year civil engineering course. Court finds financial burden of upbringing child is prime obligation of a parent and child is due support at a reasonable level now. Court looked at father's proposed gross income and applied Levesque formula to determine child support.
Decision: Interim sole custody granted to Mother. Generous access to Father. Child support set at $250.00 per month
Subjects: Family law - Children - Custody and access - Factors governing award of custody - Conduct of parents
Family law - Children - Maintenance