What is the test for an offer to settle in exchange for being given sole custody in a divorce proceeding?
British Columbia, Canada
The following excerpt is from D.K.H. v. M.M.H., 2003 BCSC 1418 (CanLII):
As well, a consideration of an offer to settle in exchange for being given sole custody in a proceeding such as this one should not be limited to the stark words of the offer on its face. This court has recognized that the words "as favourable as" in matrimonial proceedings are to be strictly construed: Cugnet v. Cugnet, [1997] B.C.J. No. 1244; Painton v. Painton, [1998] B.C.J. No. 2544.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an offer to settle in a family law proceeding need to refer to Rule 37.1? (British Columbia, Canada)
Does the service of a formal offer to settle and the failure of the defence to consent to having the matter proceed by way of Rule 66 constitute "special circumstances" sufficient to require special costs? (British Columbia, Canada)
What is the difference between an initial and comprehensive settlement offer made by the respondent and a revised offer to settle? (British Columbia, Canada)
How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)? (British Columbia, Canada)
What are the guidelines a court must apply in a custody matter where the custodial parent is seeking to relocate to a different place of residence with the non-custodial parent? (British Columbia, Canada)
In a custody variation proceeding, in what circumstances will the father's application for a change of custody be rejected? (British Columbia, Canada)
In what circumstances will the court refuse to accept an offer to settle with the orders made in a family proceeding? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
Can an offer that does not comply with Rule 37 B constitute an offer to settle? (British Columbia, Canada)
Is there any evidence that an offer to settle was wholly achieved prior to the delivery of the offer? (British Columbia, Canada)
