S.M. v. British Columbia (Child, Family and Community Service)

S.M. v. British Columbia (Child, Family and Community Service)

The trial judge's findings that the parents likely committed sexual abuse of the four older children and that there was chronic neglect were adequately supported by the record, the judge properly assessed the reliability of children's hearsay disclosures and admitted limited expert opinion, and under ss.41(2)(c) and 49(5) the risk to the children, including EAM, justified continuing custody by the Director; appellate court will not overturn credibility and factual findings absent palpable and overriding error and found none.

Citation
2011 BCSC 1131
Parties
Appellant Mother: S.M.; Appellant Father: W.P.; Respondent Director: Director of Child, Family and Community Service
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 August 2011
Procedural Posture
Child Protection Continuing Custody Appeal / Appeal From Provincial Court Continuing Custody Decision; Hearing in Supreme Court of British Columbia
Outcome
Appeals dismissed; continuing custody orders upheld
Legal Topics
Continuing Custody Order, Sexual Abuse Allegations, Best Interests of the Child, Hearsay Evidence and Reliability, Parental Fitness and Capacity
Source Language
English
Family Law Child Protection Administrative Law Continuing Custody Order Sexual Abuse Allegations Best Interests of the Child Hearsay Evidence and Reliability Parental Fitness and Capacity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

S.M.

Appellant Mother

W.P.

Appellant Father

Director of Child, Family and Community Service

Respondent Director

Procedural Posture

Child Protection Continuing Custody Appeal / Appeal From Provincial Court Continuing Custody Decision; Hearing in Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the trial judge erred in admitting or weighing opinion evidence from a counselor
  2. 2 Whether the trial judge palpably and overridingly misapprehended evidence or failed to consider key evidence
  3. 3 Whether children's hearsay disclosures were sufficiently reliable to support findings of sexual abuse

Ratio Decidendi

The trial judge's findings that the parents likely committed sexual abuse of the four older children and that there was chronic neglect were adequately supported by the record, the judge properly assessed the reliability of children's hearsay disclosures and admitted limited expert opinion, and under ss.41(2)(c) and 49(5) the risk to the children, including EAM, justified continuing custody by the Director; appellate court will not overturn credibility and factual findings absent palpable and overriding error and found none.

Court Disposition

Appeals dismissed; continuing custody orders upheld

Orders

  • Appeals of S.M. and W.P. dismissed
  • Continuing custody orders for all five children granted to the Director of Child, Family and Community Service upheld