This assignment has to be on CANADIAN Law ONLY
King v. King
Read the assignment description in the course outline. Students from outside British Columbia can assume the case took place in their jurisdiction if they wish. If you do that, you will reference your local statutes. Word count, approximately 2500 words.
Harry King,47 and Meghan King, 45, were married in Victoria in 2000 and had three children, Phillip 20, Charles 10, and Charlotte 4.
Charlotte is adopted. Her parents, who died in a car accident, were Coast Salish, part of the Songhees band. Phillip attends University and is taking Justice Studies.
Harry works full time as a computer programmer. Meghan was a full-time registered nurse until Charlotte was adopted, at which time she ceased working outside the home and devoted her time to mothering.
All was going well with the family until 2018, when Harry, an avid motorcyclist, was hit by a car and had a severe concussion. He quickly forgot things, and the children were often confused about his behaviours, including sleeping much more than usual. He received adequate medical attention, but Meghan felt “he was a little off and different, not the same man I knew.” He was off work for about six months, and there were concerns by his employer that “he could no longer do his job.” The marriage deteriorated during this period, and when Harry discovered Meghan had been having an affair, he was devastated. After escalating conflicts, in January 2021, Meghan couldn’t take it anymore and decided to leave the matrimonial home, so she moved in with her new boyfriend and took Charlotte with her. She now lives in her boyfriend’s sizeable three-bedroom condominium a mile away from the family home.
Harry’s mother, Elizabeth, also Coast Salish, is very close to the children, loves to help the family, and has a lot of influence on Harry. She is very wealthy and had also financially supported the family. She was furious at Meghan. “You ruined this lovely family and put your own selfish needs above those of your husband and children at a difficult time.” Elizabeth and Meghan had never liked each other, and Elizabeth is adamant that “Meghan was not going to prevent her from seeing her grandchildren.”
Harry, advised by his mother, has allowed access to Charles only once a week and then only in the family home. Meghan, fearful of losing her children, has not granted Harry or Elizabeth any access to Charlotte at all.
Both parents are upset and are very worried that the children will become alienated or suffer “psychological damage” as a result of this breakup.
Phillip misses his mom but prefers living with his dad because his dad allows him to ride his motorcycle, and he knows his mother wouldn’t allow it if he lived with her. Meghan believes “Philip drives like a maniac and will end up as an organ donor.” Since the separation, Charles has had a steep drop in school performance and is confused, sad and generally doing poorly. Charlotte is very attached to her mother but enjoys being with her grandmother, father and brothers.
Meghan’s new boyfriend, Archie, is crazy about Meghan but not crazy about the prospect of taking on the family obligations of his new girlfriend. He has no children and little interest in parenting.
Harry’s lawyer proposes that Harry stay in the family home and be the guardian and primary caregiver for Charles and Charlotte with scheduled access to Meghan. His lawyer also says Archie has “no parenting skills, doesn’t know the children well, and this new relationship probably won’t last.”
Meghan’s lawyer says this proposal is “outrageous and that Harry should be removed from the marital home with Meghan as the guardian and primary caregiver for all of the children to minimize disruption. Harry can have whatever access he wants.” Her lawyer also says, “Elizabeth should stop meddling in the family affairs and back off.”
Elizabeth also hired a lawyer and wants access to all her grandchildren. She says she wants to help Charlotte learn about her cultural heritage, and Meghan can’t do that.
Using the Facts, Issues, Decision Reasons method:
Part 1-Parenting and access
A) Identify the parenting issues present in this case that a court would need to consider.
B) Decide on the parenting arrangements, based on what you believe to be in the “children’s best interests.”
C) Assume the following financial facts:
· Harry Makes $120,000.00 thousand per year. Phillip wants his parents to help him out financially.
· Meghan was making $85 thousand a year until she quit to become a full-time mother after Charlotte was born. She has an offer to work part-time.
· Harry has a pension worth $400 thousand, 20% of which was accumulated before the relationship with Meghan.
· Meghan owned the marital home before they got together; it had net equity of $300 thousand at that time and is now worth $800 thousand. The family has no debts. The mortgage was paid off during their relationship.
· Harry bought a car (purchased for $20 thousand now worth $10 thousand) during the relationship and Meghan had a car before the marriage now worth $5 thousand.
· Make an order dividing this property and for child and spousal support depending on what you decide the parenting arrangements should be.
CONSIDER these questions when making a decision for child’s best interest.
How is the amount of child support determined?
Are there exceptions to the rules concerning child support?
Who must pay child support?
What are special or extra-ordinary expenses?
Who can apply for spousal support?
What factors are considered in spousal support applications?
How is support enforced?
What factors govern property division for non-married spouses? For more information on A Parenting Issue visit this: https://www.encyclopedia.com/medicine/psychology/psychology-and-psychiatry/parenting
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