B.R.M. v. S.J.M

B.R.M. v. S.J.M

A material change in the father's residence justified revisiting access; the court found that additional non-overnight mid-week access (alternating Mondays with school pickup until 7:00 p.m.) is in the child's best interests, while mid-week overnight access and leaving the child with the father when the mother is out-of-town for over 24 hours would be disruptive and therefore denied; transportation to and from access is to be provided by the father and detailed scheduling and holiday allocations as set out ensure stability and the child's welfare.

Citation
2000 BCSC 1760
Parties
Petitioner: B.R.M.; Respondent/applicant: S.J.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 December 2000
Procedural Posture
Family Law Access Variation / Application to Vary Access
Outcome
Application granted in part; access varied to add alternating Monday non-overnight access and detailed schedule and conditions; overnight mid-week access and the request to leave the child with father when mother is out-of-town over 24 hours denied.
Legal Topics
Access Variation, Residence Change, Parenting Time Schedule, Transportation for Access
Source Language
English
Family Law Child Custody and Access Access Variation Residence Change Parenting Time Schedule Transportation for Access

Case Brief

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Parties

B.R.M.

Petitioner

S.J.M.

Respondent/applicant

Procedural Posture

Family Law Access Variation / Application to Vary Access

Legal Issues

  1. 1 Whether a change in the father's residence justifies variation of access
  2. 2 Whether additional mid-week overnight access is in the child's best interests
  3. 3 Who should provide transportation for access exchanges

Ratio Decidendi

A material change in the father's residence justified revisiting access; the court found that additional non-overnight mid-week access (alternating Mondays with school pickup until 7:00 p.m.) is in the child's best interests, while mid-week overnight access and leaving the child with the father when the mother is out-of-town for over 24 hours would be disruptive and therefore denied; transportation to and from access is to be provided by the father and detailed scheduling and holiday allocations as set out ensure stability and the child's welfare.

Court Disposition

Application granted in part; access varied to add alternating Monday non-overnight access and detailed schedule and conditions; overnight mid-week access and the request to leave the child with father when mother is out-of-town over 24 hours denied.

Orders

  • The father will have access commencing December 7, 2000 on alternate weekends from Thursday 6:00 p.m. through Sunday 7:00 p.m., expanded to include an adjacent statutory holiday or school professional day if it occurs on the access weekend; father will pick the child up at grandmother's home on Thursday and return...
  • Commencing Monday December 18, 2000 and alternating Mondays thereafter the father will pick the child up at school at dismissal and return the child to the mother's home by 7:00 p.m.; the mother will not schedule extracurricular activities on Mondays unless she has the father's consent in writing.