Slater v. Slater

Slater v. Slater

The master varied and deleted specified prior orders and granted sole interim custody and guardianship to the mother because the circumstances and urgency, and the paramountcy of the children's best interests, justified immediate interim relief; access was limited to the mother's discretion and logistical responsibilities for exchanges were shared, with further variation permitted after receipt of the specified report.

Citation
2002 BCSC 698
Parties
Petitioner: Maria Belen Slater; Respondent: Christopher John Slater
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 May 2002
Procedural Posture
Family Custody/guardianship / Preliminary Reasons for Judgment
Outcome
Prior orders varied and deleted as specified; sole interim custody and guardianship awarded to petitioner; access limited to petitioner's discretion; other ancillary orders made.
Legal Topics
Interim Custody, Variation of Prior Orders, Access Conditions, Urgent Relief
Source Language
English
Family Law Child Custody Guardianship Access Interim Custody Variation of Prior Orders Access Conditions Urgent Relief

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Parties

Maria Belen Slater

Petitioner

Christopher John Slater

Respondent

Procedural Posture

Family Custody/guardianship / Preliminary Reasons for Judgment

Legal Issues

  1. 1 Whether prior orders should be varied or deleted
  2. 2 Whether sole interim custody and guardianship should be granted to the petitioner
  3. 3 Whether respondent's access should be limited to petitioner's discretion

Ratio Decidendi

The master varied and deleted specified prior orders and granted sole interim custody and guardianship to the mother because the circumstances and urgency, and the paramountcy of the children's best interests, justified immediate interim relief; access was limited to the mother's discretion and logistical responsibilities for exchanges were shared, with further variation permitted after receipt of the specified report.

Court Disposition

Prior orders varied and deleted as specified; sole interim custody and guardianship awarded to petitioner; access limited to petitioner's discretion; other ancillary orders made.

Orders

  • Varying the order of December 6, 1996 by deleting paragraph 3 of the order.
  • Varying the order of January 8, 1998 by deleting the whole of the order.