J.M.S. v. M.K.S.

J.M.S. v. M.K.S.

Given the children's ages and the need for natural, high quality contact with their father, the father may exercise access at his Victoria residence with supervised exchanges at the Tsawwassen ferry terminal supervised by TIN Harbour (or agreed alternate), costs of supervision split equally, parents to bear their respective travel to the terminal, and Christmas access to alternate annually; access must not be limited by extracurricular activities of the children.

Citation
2010 BCSC 1062
Parties
Plaintiff (mother): J.M.S.; Defendant (father): M.K.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 July 2010
Procedural Posture
Family Law Custody and Access (divorce) / Trial Reasons for Judgment
Outcome
Father permitted to exercise access primarily in Victoria with supervised exchanges at Tsawwassen ferry terminal; arrangements and cost allocations as ordered; father awarded trial costs at scale B.
Legal Topics
Access Schedule, Supervised Exchanges, Mobility, Best Interests of the Child, Transportation Costs, Christmas Access
Source Language
English
Family Law Child Custody and Access Divorce Access Schedule Supervised Exchanges Mobility Best Interests of the Child Transportation Costs +1 more

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Parties

J.M.S.

Plaintiff (mother)

M.K.S.

Defendant (father)

Procedural Posture

Family Law Custody and Access (divorce) / Trial Reasons for Judgment

Legal Issues

  1. 1 Location and venue for father's access (Victoria vs Lower Mainland)
  2. 2 Accommodation of children's extracurricular activities during access
  3. 3 Allocation of costs for transportation and supervised exchanges

Ratio Decidendi

Given the children's ages and the need for natural, high quality contact with their father, the father may exercise access at his Victoria residence with supervised exchanges at the Tsawwassen ferry terminal supervised by TIN Harbour (or agreed alternate), costs of supervision split equally, parents to bear their respective travel to the terminal, and Christmas access to alternate annually; access must not be limited by extracurricular activities of the children.

Court Disposition

Father permitted to exercise access primarily in Victoria with supervised exchanges at Tsawwassen ferry terminal; arrangements and cost allocations as ordered; father awarded trial costs at scale B.

Orders

  • Access of the defendant is not to be limited by the extra-curricular activities of the children.
  • The exchange of the children on Fridays and Sundays (or Mondays on long weekends) pursuant to the April 6, 2010 order shall occur at the Tsawwassen ferry terminal.