Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Family law – Custody and access – Custody – Access – Maintenance and support – Child support – Calculation or attribution of income Practice and procedure – Parenting time – Child support – Ownership of RESP – Whether the lower courts were biased – Whether the view of the child was considered – Whether the lower courts erred in imputing income and not awarding spousal support – Whether the lower courts erred in enforcing a foreign order – Whether the lower courts erred in awarding ownership of RESP.

The Applicant was raised in Calgary. The parties married in Romania in 2003 and moved to Calgary after a short stint living in the United States where their twin girls were born in 2003. A RESP was opened for the children’s benefit. The parties moved to Olympia, Washington for the father’s employment. He was laid off in 2009 and the parties separated. A separation agreement provided for joint custody and residence, with each party retaining all property in their respective names, and the mother receiving $10,000. The father retained the majority of the party’s assets. In 2009, the children returned to Calgary to live with the father’s parents. The mother was accepted into university in Washington. The father moved to Vancouver with the children to facilitate the mother’s access. In 2010, the mother obtained an uncontested order in Washington awarding her any property in her possession. In 2011, the mother remarried and filed a claim in British Columbia seeking relocation of the children with her to Washington. The father sought sole custody and child support. The mother closed the RESP and used the proceeds for her own support. In 2012, the mother relocated to Vancouver and sought equal parenting time. The trial judge granted the mother’s request.