a CASE STUDY: Hambley v. Sharp 2022 BCSC 397

Registry: Duncan Supreme

Judge: Madam Justice Hardwick

Date: February 22, 2022

Legislation: Family Law Act FLA: 64 (1) 69 (2), 215, 45 1 (a) (b)

Main issues: The father wanted to prevent the mother from relocating with the child from Youbou to Victoria

Facts: The claimant, father, and respondent, mother, are biological parents of an 8 year old child, Nola, born January 30, 2014. The parties married in 2015 and separated on January 1, 2018. The claimant father resides in Youbou BC. The respondent mother moved to the Greater Victoria area in June of 2021. The drive from Youbou to the Victoria/ Saanich is 102 kilometers, approximately 1 hour 25 minutes. During the claimant’s parenting time, Nola was attending public school. Due to the commute between Youbou and Victoria Sanich, the respondent was homeschooling Nola during her parenting time. Justice Hardwick comments on the schooling arrangement as follows: The hybrid arrangement that exists presently is not sustainable….

 Findings on Facts: Justice Hardwick considered the limited rental options available to the respondent due to the respondent’s work history and skillset. The respondent was not working at the time of the application. Also considered was the fact that the claimant was not paying any child support although he was employed full-time as a drywaller. The respondent’s evidence with respect to her attempts to obtain employment was lacking and her intention to return to school could be done where the claimant resides.

 Further Reading (CASE LAW)

Pepin v. McCormack, 2014 BCSC 2230

C.M.B. v. B.D.G., 2014 BCSC 780

L.A.C. v. G.N.W., 2016 BCCA 132