Digest: H.D.H. v J.B.M., 2018 SKQB 335

Date:November 30, 2018

Reported as: 2018 SKQB 335

Docket Number: QB18320 , DIV 3070/13 JCM

Court: Court of Queen's Bench

Date: 2018-11-30

Judges:

  • Acton

Subjects:

  • Family Law � Custody and Access

Digest: The parties married in 2002 and separated in 2013. Their three children were aged 13, 11 and 10 at the time of this application by the petitioner mother for summary judgment regarding custody, access and child support. The respondent opposed it and alleged a trial was necessary to deal with the issue of parental alienation. He submitted that the best interests of the children could not be determined without an expert analysis to determine whether this had occurred. The children had lived with the petitioner in the family home since the separation. She had been their primary caregiver during the marriage and continued in that role. The respondent had very little contact with the children following the separation and none at all in the previous two years. The petitioner submitted that the respondent had become estranged from his children due to his apathy. The petitioner was self-employed and had supported the children financially since the separation. The respondent�s employment was erratic and he lived in his mother�s basement. He deposed that he had amassed significant debt, which included s. 3 arrears of $16,500 and s. 7 arrears of $24,500.
HELD: The application for summary judgment was granted. The court found that it was in the best interests of the children for the parties to have joint custody with their primary residence to be with the petitioner and prescribed conditional time with the respondent. There was evidence that there was parental alienation resulting from the petitioner�s reaction to the respondent�s lack of interest in the children but it did not necessitate the court ordering a trial. The court encouraged the children to have contact with the respondent on a regular basis. Based upon the respondent�s 2018 income, he was ordered to pay $736 per month for s. 3 support and s. 7 expenses of $250 per month and if paid regularly, the petitioner
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