Canadian Husband and Wife have been married for several years.
They have an eighteen month old Child together.
Wife reportedly has a history of mental health issues.
Husband and Wife separate, with Wife and Child leaving the marital residence.
Several months later, Wife has some sort of “medical episode”.
Paramedics are summoned to her home by unknown means.
Child is nonresponsive and does not survive.
Wife is revived.
Wife is ultimately arrested and charged with the murder of Child.
Later, in family court, Wife requests alimony, or spousal support, and a share of the marital home she abandoned.
Husband asks the divorce court to dismiss Wife’s claim for alimony and the property claim because of Wife’s alleged murder of Child.
The family court denies Husband’s motion to dismiss Wife’s claims, citing insufficient evidence before it to show that Wife murdered Child.
The divorce court’s ruling does not mean that the Court will ultimately grant Wife’s requests for alimony and property. It just means that the Court will not reject Wife’s claims out of hand at this time.
Read more in this Vancouver (Canada) Times Colonist article: Victoria mom charged with murder of toddler is granted spousal-support hearing