G.(E.) v. P.(D.)

G.(E.) v. P.(D.)

The Court of Appeal allowed the appeal and restored the Provincial Court order because the Supreme Court justice did not demonstrate the requisite reasoned belief that the Provincial Court judge had forgotten, ignored or misconceived relevant evidence in a way that affected the conclusion; absent such material error...

Source-derived case information.

Citation
2003 BCCA 425
Parties
Appellant (plaintiff): E. G.; Respondent (defendant): D. P.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
16 July 2003
Procedural Posture
Family Relations Act Custody and Relocation Appeal / Court of Appeal Review of Supreme Court Variation of Provincial Court Custody/relocation Order
Outcome
Appeal allowed; Provincial Court order permitting relocation restored.
Legal Topics
Relocation/move Away, Best Interests of the Child, Standard of Appellate Review, Variation of Custody/access
Source Language
english
Family Law Child Custody Appellate Review Relocation/move Away Best Interests of the Child Standard of Appellate Review Variation of Custody/access

Source-derived case record

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Parties

E. G.

Appellant (plaintiff)

D. P.

Respondent (defendant)

Procedural Posture

Family Relations Act Custody and Relocation Appeal / Court of Appeal Review of Supreme Court Variation of Provincial Court Custody/relocation Order

Legal Issues

  1. 1 Whether the Provincial Court judge erred in granting a relocation order permitting the mother to move the child to Ontario
  2. 2 Whether the Supreme Court justice correctly varied the Provincial Court order without a reasoned belief of material error
  3. 3 What standard of appellate review applies when assessing custody/relocation orders

Ratio Decidendi

The Court of Appeal allowed the appeal and restored the Provincial Court order because the Supreme Court justice did not demonstrate the requisite reasoned belief that the Provincial Court judge had forgotten, ignored or misconceived relevant evidence in a way that affected the conclusion; absent such material error appellate interference was not permitted.

Court Disposition

Appeal allowed; Provincial Court order permitting relocation restored.

Orders

  • Appeal allowed and Provincial Court order restored.
  • Respondent permitted to return matter to Provincial Court to address access issues.