Carson v. Carson

Carson v. Carson, 2007 CanLII 40859 (ON S.C.) is a recent Superior Court of Justice decision that sets out a good review of time sharing arrangements in shared parenting situations.

In this case the parties were both good parents, acknowledged that the child loved both the mother and father such that the only issue was how much time should the child spent with each parent.

The Honourable Justice Aitken found that the status quo arrangement for this 3 year old was working well and as the saying goes "if it ain't broken why fix it?"

Most importantly was Justice Aitken held that "in determining an appropriate time sharing regime for Bryce, I have to focus on what is in his best interest at this time. The task does not involve a consideration of parental rights or concepts of fairness or equality. Lucas was very clear in articulating his fear that, unless he has more time with Bryce, Bryce will not realize how much he loves him and how much he wants to be involved in his life. Lucas does not want to be perceived by Bryce or anyone else as a part-time dad. It is clear to me from the evidence of all witnesses at trial that Lucas could not be perceived as anything other than a devoted and committed parent, just as Laura is. I have no doubt that Lucas will continue to be so and that he and Bryce will develop a close and lasting relationship. As many parents have proven, one does not need equal time with a child to have that type of relationship."


The above factor is one that I think counsel need to take with the parent who is not the day-to-day parent as it can be a hard sell after a separation.

On the issue of spousal support Justice Aitken took a good look at the Spousal Support Advisory Guideline (SSAG) and relied upon them in coming the conclusion that spousal support would be payable on the lower range due to the 13 month co-habitation and 2 year marriage. It was also reviewable in 2 years. This is a good case for reiterating the court's current view with regard to reviewability after a short term marriage and cohabitation period.

All in all, it is a good case for counsel to use if your facts fit.