Digest: K.D.R. v T.M.K., 2018 SKQB 108

• Date: April 05, 2018

Reported as: 2018 SKQB 108

Docket Number: QB17494 , DIV 500/17 JCR

Court: Court of Queen's Bench

Date: 2018-04-05

Judges:

• Leurer

Subjects:

• Family Law � Custody and Access � Interim
• Family Law � Child Support � Interim
• Family Law � Spousal Support - Interim

Digest: The petitioner separated from the respondent in 2017. Their only child, a seven-year-old daughter, remained with the respondent mother in the family home and the petitioner had had limited supervised parenting time with her since the separation. He applied for joint custody of the child and a determination of the parenting arrangement, proposing that the child live with each parent for one week. He also requested child and spousal support. The respondent argued that she should be given interim sole custody until such time as the petitioner attended and completed an inpatient treatment program of one month�s duration for alcoholism. For the present time, the petitioner should have only supervised access to their daughter two times each week for one hour. She also requested child support in accordance with the Guidelines and resisted paying spousal support to the petitioner. The respondent and numerous other affiants provided evidence of the petitioner�s drinking habits and the impact they had on his ability to be in charge of young children. The petitioner denied that he had a drinking problem and claimed that after he received a conviction for impaired driving in 2015, and he had taken control of it, but admitted that he continued to drink. The petitioner had had intermittent employment and consequently stayed at home with the child while the respondent worked as a licenced practical nurse until the separation occurred. He was now employed at the Salvation Army where he earned $29,000. The respondent�s income was $75,000.
HELD: The court made an interim order that the parties have joint custody of their child but that her primary residence remain with the respondent. The petitioner was to have parenting time of one afternoon/evening each week of up to three hours as well as one day on each weekend. Where the time exceeded three hours, the access would be supervised by the petitioner�s mother or another person that the respondent approved. The petitioner was ordered not to consume alcohol or drugs for 24 hours before or during parenting times. The petitioner was to pay interim child support to the respondent in accordance with the Guidelines. The...