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

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

The father's motion was dismissed because there was no basis to infer maternal coaching of the children, compelling non-party children to have contact is not permissible or in their best interests given prior trial findings, and the April 16, 2002 Family Relations Act order remains in force; any enforcement should have been pursued separately.

Citation
2004 BCSC 1386
Parties
Plaintiff/respondent: F.J.K.; Defendant/applicant: M.S.K.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 October 2004
Procedural Posture
Divorce / Motion (access to Children)
Outcome
Father's motion for access dismissed; prior Family Relations Act order remains in force; divorce granted on basis of separation; mother awarded costs
Legal Topics
Access Supervised Visitation, Parental Alienation, Best Interests of the Child, Enforcement of Prior Custody Order, Court Discretion
Source Language
English
Family Law Child Custody Access Guardianship Enforcement of Court Orders Access Supervised Visitation Parental Alienation Best Interests of the Child +2 more

Case Brief

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Parties

F.J.K.

Plaintiff/respondent

M.S.K.

Defendant/applicant

Procedural Posture

Divorce / Motion (access to Children)

Legal Issues

  1. 1 Whether father is entitled to reasonable supervised access to the children
  2. 2 Whether the children's affidavits are the product of coaching by the mother
  3. 3 Whether the mother can be ordered to force non-party children to attend access

Ratio Decidendi

The father's motion was dismissed because there was no basis to infer maternal coaching of the children, compelling non-party children to have contact is not permissible or in their best interests given prior trial findings, and the April 16, 2002 Family Relations Act order remains in force; any enforcement should have been pursued separately.

Court Disposition

Father's motion for access dismissed; prior Family Relations Act order remains in force; divorce granted on basis of separation; mother awarded costs

Orders

  • Father's motion respecting access to the children is dismissed
  • Order of Judge Grandison dated April 16, 2002 (Family Relations Act proceeding) remains in force