Greschner v. Greschner

Greschner v. Greschner

The appeal was allowed because the Provincial Court committed a procedural fairness error at the September 11, 2024 appearance by accepting one-sided affidavit evidence and effectively re-litigating or altering the parties' Consent Order without giving the appellant a fair opportunity to present evidence; accordingly, the interim parenting orders that increased respondent's parenting time were set aside and replaced with a limited interim regime, and the review must proceed with viva voce evidence and a hearing set for November 17, 2025, with specified interim parenting arrangements pending that hearing.

Citation
2025 BCSC 1849
Parties
Appellant: Breland Taylor Mae Greschner; Respondent: Benjamin Robert Greschner
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 August 2025
Procedural Posture
Family Law Appeal / Judgment on Appeal (oral Reasons Delivered)
Outcome
Appeal allowed in part; Provincial Court orders of September 11, 2024 and March 27, 2025 set aside in part and replaced with specified interim parenting arrangements; full review hearing with viva voce evidence directed for November 17, 2025.
Legal Topics
Parenting Time, Consent Order, Procedural Fairness, Affidavit Vs Viva Voce Evidence, Relocation, Best Interests of the Child, Conduct Orders
Source Language
English
Family Law Procedural Fairness Child Custody and Access Domestic/family Violence Parenting Time Consent Order Affidavit Vs Viva Voce Evidence Relocation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Breland Taylor Mae Greschner

Appellant

Benjamin Robert Greschner

Respondent

Procedural Posture

Family Law Appeal / Judgment on Appeal (oral Reasons Delivered)

Legal Issues

  1. 1 Whether the September 11, 2024 Provincial Court appearance procedurally denied the appellant natural justice
  2. 2 Whether the Provincial Court erred by relying on affidavit evidence from one side only and granting interim parenting time
  3. 3 Whether the Provincial Court improperly went behind a consent order without a full hearing

Ratio Decidendi

The appeal was allowed because the Provincial Court committed a procedural fairness error at the September 11, 2024 appearance by accepting one-sided affidavit evidence and effectively re-litigating or altering the parties' Consent Order without giving the appellant a fair opportunity to present evidence; accordingly, the interim parenting orders that increased respondent's parenting time were set aside and replaced with a limited interim regime, and the review must proceed with viva voce evidence and a hearing set for November 17, 2025, with specified interim parenting arrangements pending that hearing.

Court Disposition

Appeal allowed in part; Provincial Court orders of September 11, 2024 and March 27, 2025 set aside in part and replaced with specified interim parenting arrangements; full review hearing with viva voce evidence directed for November 17, 2025.

Orders

  • Appeal allowed.
  • Provincial Court orders dated September 11, 2024 and March 27, 2025 set aside in part as specified in reasons.