S.H.F.N. v. A.B.N.

S.H.F.N. v. A.B.N.

A protection order made under s.183 of the Family Law Act that is time‑limited and not the entire relief sought in the litigation falls within 'interim relief' under Rule 2.1(c); accordingly leave to appeal under s.7 of the Court of Appeal Act is required. Given the close connection between the protection order and the Hague Convention decision and the interests of the children and parties, leave to appeal is granted and the two matters should proceed together.

Citation
2015 BCCA 314
Parties
Respondent (claimant): S.H.F.N.; Appellant (respondent): A.B.N.; Appellant (respondent): J.H.F.; Appellant (respondent): P.M.F.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
8 July 2015
Procedural Posture
Family Law Appeal (protection Order; Hague Convention Related) / Application for Leave to Appeal Heard in Chambers
Outcome
Leave to appeal required and granted; appeal to proceed and be heard with the related Hague Convention appeal.
Legal Topics
Protection Order, Leave to Appeal, Interim Relief, Court of Appeal Rules, Hague Convention
Source Language
English
Family Law Appeals International Child Abduction Procedural Law Protection Order Leave to Appeal Interim Relief Court of Appeal Rules +1 more

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Parties

S.H.F.N.

Respondent (claimant)

A.B.N.

Appellant (respondent)

J.H.F.

Appellant (respondent)

P.M.F.

Appellant (respondent)

Procedural Posture

Family Law Appeal (protection Order; Hague Convention Related) / Application for Leave to Appeal Heard in Chambers

Legal Issues

  1. 1 Whether leave to appeal is required for a one-year protection order made under s.183 of the Family Law Act
  2. 2 Whether a protection order of limited duration constitutes 'interim relief' under Rule 2.1(c) of the Court of Appeal Rules
  3. 3 Whether leave to appeal should be granted in the interests of justice

Ratio Decidendi

A protection order made under s.183 of the Family Law Act that is time‑limited and not the entire relief sought in the litigation falls within 'interim relief' under Rule 2.1(c); accordingly leave to appeal under s.7 of the Court of Appeal Act is required. Given the close connection between the protection order and the Hague Convention decision and the interests of the children and parties, leave to appeal is granted and the two matters should proceed together.

Court Disposition

Leave to appeal required and granted; appeal to proceed and be heard with the related Hague Convention appeal.

Orders

  • Leave to appeal the protection order under s.183 of the Family Law Act is granted
  • All calculations of time for filing the appeal record, appeal books, and factums run from the date these reasons for judgment are released