Case Study Tyson Family

ASSIGNMENT 2 – CASE STUDY: The Tyson Family

In this case study we have a family of two adults and three children who live in British Columbia. For ease of reference I will go on the assumption that we have one adult male and one adult female (husband & wife) with three female children; the Tyson family. Modern families are made of many different types of parenting arrangements (unit 1 – The Family PDF) and there is no bias on the assumption of a “typical” family, it is just for ease of reference. In this case we have the family that is breaking apart, the father, Jesse, age 34 has moved out of the family home and is now living in an apartment close to the family home and as well now has a new partner. Bobby, age 38, the mother still resides
At this moment the children live with their mother, Bobby, this has been the traditional model but not necessarily so anymore (unit 3.1b notes). As Jesse’s work hours are irregular it would the logical choice for the children to live with Bobby, but does Bobby’s mental state have any bearing on this. Under section 16 (9)of the Divorce Act concerning custody it states that court shall not take into consideration the past conduct of any person unless it has bearing on that person’s ability to act as a parent (Divorce Act, 1985). But there is also Bobby’s concern about Jesse’s new partner and their drinking issues; this could have an effect on whether the children are to live with Jesse. Under part 4, s. 37 of the BC Family Law Act states that the “Best interests of the child” are the only consideration when determining parenting arrangements. Then goes on to state that” Section 37 provides an overarching direction to “ensure the greatest possible protection of the child’s physical, psychological and emotional safety”” (Family Law Act, 2013). Bobby’s concerns could be interpreted under this section in determining if having the children live with Jesse may pose a danger to
His income could be used to make the case that he is the most viable parent to provide for the child. As he is an independent contractor he may be able to alter his hours to better suit the needs of his children, this could also be a detractor as at time he is required to work odd hours and may not be at home to take care of the children on their schedule. As mentioned there is tension between the mother and the oldest child, Forest and Jesse has suggested that Forest wants to live with him as her relationship with her mother is stained as “they fight too much”. But, there is the concern about Jesse’s new partners drinking, does this pose a danger to