B.M.T. v. A.N.B., [2015] A.R. TBEd. OC.055

• Judge: Glass, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: August 10, 2015
• Citations: [2015] A.R. TBEd. OC.055;2015 ABPC 209

B.M.T. v. A.N.B., [2015] A.R. TBEd. OC.055

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. OC.055

B.M.T. (applicant/respondent) v. A.N.B. (respondent/applicant)

(141072777F1; 150085421F1; 2015 ABPC 209)

Indexed As: B.M.T. v. A.N.B.

Alberta Provincial Court

Glass, P.C.J.

September 30, 2015.

Summary:

A father applied pursuant to ss. 20 and 32 of the Family Law Act to be appointed as a guardian of his son C., born in May 2014. In addition, he sought day to day care and control of C. with parenting time to be agreed upon between the parties. The mother agreed with the father's guardianship application, but opposed the balance of his application and sought the primary care of C. to be with her. She also sought an order permitting her to relocate with C. to Nova Scotia and for child support. The parents were never married and cohabitated for approximately one year, commencing in July 2013 and ending in August 2014.

The Alberta Provincial Court held that the father was a guardian of C. The parents were, in most respects, equally competent caregivers. However, it was in C.'s best interests to relocate with his mother to Nova Scotia, where she had family support. The mother had been C.'s primary caregiver, consistent with the parties' intentions. The court awarded the father access, which included five consecutive weeks in the summer. The court determined the parties' incomes and the amount of child support that was payable. The court awarded the mother, who had been represented by Legal Aid, costs in the amount of $6,070.

Family Law - Topic 1891

Custody and access - Considerations in awarding custody - Conduct of parents - See paragraph 63.

Family Law - Topic 1898

Custody and access - Considerations in awarding custody - Custodial parent moving from jurisdiction - See paragraphs 54 to 64.

Family Law - Topic 2189

Custody and access - Practice - Costs (incl. suit money or interim costs) - See paragraphs 75 to 83.

Family Law - Topic 2210

Maintenance of spouses and children - General principles - Calculation or attribution of income - See paragraphs 68, 69, 71 and 72.

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Support guidelines (incl. nondivorce cases) - Calculation or attribution of income - See paragraphs 68, 69, 71 and 72.

Guardian and Ward - Topic 43

General and definitions - Definitions - Guardian - See paragraph 43.

Counsel:

H. Banks, for the applicant, B.T.;

T. Lorenz, for the respondent, A.B.

This case was heard on July 27, 31 and August 10, 2015, by Glass, P.C.J., of the Alberta Provincial Court, who delivered the following decision on September 30, 2015.