A.G. v. C.A.G.

A.G. v. C.A.G.

Master Robertson found insufficient evidence to conclude the respondent is physically incapable of parenting but concluded credibility concerns and the risk of emotional and potential physical harm from the respondent's urine therapy practices and related judgment constituted exceptional circumstances under the...

Source-derived case information.

Citation
2021 BCSC 1718
Parties
Claimant: A.G.; Respondent: C.A.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 August 2021
Procedural Posture
Family Law Parenting and Custody / Interim Application (in Chambers)
Outcome
Interim orders: child to primarily reside with claimant; respondent to have supervised parenting time; s.211 report not ordered at this time; costs to claimant granted on party/party basis.
Legal Topics
Supervised Parenting Time, Urine Therapy Allegations, Best Interests of the Child, Section 211 Report, Parental Capacity and Wellness
Source Language
english
Family Law Child Protection Custody and Access Supervised Parenting Time Urine Therapy Allegations Best Interests of the Child Section 211 Report Parental Capacity and Wellness

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Parties

A.G.

Claimant

C.A.G.

Respondent

Procedural Posture

Family Law Parenting and Custody / Interim Application (in Chambers)

Legal Issues

  1. 1 Whether the respondent is physically incapable of parenting due to illness or fasting
  2. 2 Whether the respondent has imposed 'urine therapy' on the child creating physical or emotional risk
  3. 3 Whether supervised parenting time is required as an exceptional measure under the Family Law Act

Ratio Decidendi

Master Robertson found insufficient evidence to conclude the respondent is physically incapable of parenting but concluded credibility concerns and the risk of emotional and potential physical harm from the respondent's urine therapy practices and related judgment constituted exceptional circumstances under the Family Law Act to impose interim supervised parenting time and to make the child primarily reside with the claimant; a s.211 report was not ordered at this time but may be revisited if obtained.

Court Disposition

Interim orders: child to primarily reside with claimant; respondent to have supervised parenting time; s.211 report not ordered at this time; costs to claimant granted on party/party basis.

Orders

  • Pursuant to s.45 of the Family Law Act the Child shall primarily reside with the claimant
  • On an interim basis the respondent shall have supervised parenting time from Sunday at 6:00 a.m. until Wednesday at 6:00 p.m., and at all other times the parties may agree, pending further order of this court