A.D. 1997 No. 617 J.C.S. IN THE QUEEN`S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF SASKATOON BETWEEN: DENYCE BOWERING and CRAIG BOWERING RESPONDENT T.E. Turple for the petitioner B.M. Singer, Q.C. for the respondent FIAT DICKSON J. November 9, 1998 [1] Both parents want sole custody of their son Challen,born February 10, 1995. Since they separated in June of 1997,the boy has lived alternating weeks with each parent. Both now say this arrangement does not work very well. [2] I am persuaded both parents genuinely love the boyand are equally competent caregivers. Neither has demonstratedthat sole parenting offers an advantage to the boy. Both havefull-time jobs. During their working hours, the boy has been cared for by babysitters of their respective choice. The babysitters are members of their respective families and are equally competent. [3] The future plan of the mother offers the boy an enormous advantage. She plans to marry her current companion when both of them are divorced from their present spouses. She will then stay at home and be full-time parent to Challen. She is willing that the boy have generous access to his father. Such an arrangement would be far better for the boy than the present shared parenting arrangement. He would then have sense of belonging and sense of predictable routine that involves both parents. [4] Until the mother withdraws from the workplace, thepresent shared parenting arrangement shall continue. When she makes herself available for full-time child care, she will have sole custody of Challen. The father will have access onalternating weekends and for a three-hour period on oneweekday each week, provided the boy is returned to hismother`s home by the bedtime she sets for him. [5] When the mother assumes sole custody the father mustpay child support. He earns $2,210 per month ($26,520 per year). His obligation under The Federal Child SupportGuidelines [Divorce Act Regulations, SOR/97-175] is $226 permonth. The mother earns $1,454 per month ($17,448 per year). She asks the father to share the extraordinary cost of $40 permonth for the boy`s horse riding lessons. think that cost is necessary for the boy`s established routine and under the circumstances, quite reasonable. The father`s proportionalshare of this cost is $28 per month. [6] The father`s obligation shall commence on the first day of the month following the time that the mother makes herself available for full-time parenting of Challen by withdrawing from the workplace. If the parties can not agree when this event takes place, they have leave to apply for further directions. There will be no order for costs.
FIAT. Both parents sought sole custody of the one child who had been living alternate weeks with each since June 1997. HELD: 1)The present shared parenting arrangement was to continue until the mother was available for full-time child care. The father would have access on alternating weekends and for a three hour period one weekday provided the child was returned by the bedtime set by the mother. Although both parents genuinely love the child and were equally competent caregivers, neither demonstrated that sole parenting offered an advantage to him. Both had full time jobs. 2)When the mother assumes sole custody the father must pay child support of $226 per month and proportionate share of horse riding lessons ($28 per month).