Hadjioannou v. Hadjioannou

Hadjioannou v. Hadjioannou

The father’s application to prohibit relocation succeeds because the mother failed to establish the relocation was made in good faith and failed to show the proposed move, given its timing and lack of demonstrated material improvement in circumstances, was in the children's best interests; accordingly the court prohibits relocation under s.69(2) while applying the s.69 and s.37 factors.

Citation
2013 BCSC 1682
Parties
Claimant: Melissa Claudette Hadjioannou; Respondent: Athanasios Hadjioannou
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 August 2013
Procedural Posture
Relocation Application Under the Family Law Act (parenting/child Custody) / Application Under S.69(2) Heard in Chambers (relocation Prohibition)
Outcome
Application of respondent father granted: relocation by the mother to Alberta is prohibited.
Legal Topics
Relocation, Best Interests of the Child, Parental Responsibilities, Good Faith in Relocation, Variation of Parenting Orders, Costs
Source Language
English
Family Law Child Custody and Access Civil Procedure Relocation Best Interests of the Child Parental Responsibilities Good Faith in Relocation Variation of Parenting Orders +1 more

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Parties

Melissa Claudette Hadjioannou

Claimant

Athanasios Hadjioannou

Respondent

Procedural Posture

Relocation Application Under the Family Law Act (parenting/child Custody) / Application Under S.69(2) Heard in Chambers (relocation Prohibition)

Legal Issues

  1. 1 Whether the mother's proposed relocation to Alberta should be prohibited under s.69(2) of the Family Law Act
  2. 2 Whether the relocating guardian acted in good faith under s.69(6)
  3. 3 Whether the proposed arrangements are reasonable and workable to preserve the children's relationship with the non-relocating parent

Ratio Decidendi

The father’s application to prohibit relocation succeeds because the mother failed to establish the relocation was made in good faith and failed to show the proposed move, given its timing and lack of demonstrated material improvement in circumstances, was in the children's best interests; accordingly the court prohibits relocation under s.69(2) while applying the s.69 and s.37 factors.

Court Disposition

Application of respondent father granted: relocation by the mother to Alberta is prohibited.

Orders

  • Order prohibiting the claimant (mother) from relocating the children to Alberta
  • Temporary variation of Griffin J.'s parenting order for summer 2013: children to remain with mother in Alberta until August 31, 2013 and returned to father's care on August 31, 2013; children permitted to travel to Alberta for this purpose