J.M. v. C.M.

J.M. v. C.M.

Interim variation of the existing access order was granted because the removal of the child from the mother's care constituted a material and substantial change, the Ministry supported increased contact, and the court concluded that additional parenting time for the father is in the child's best interests pending the scheduled trial.

Citation
2014 BCSC 145
Parties
Claimant: J.M.; Respondent: C.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 January 2014
Procedural Posture
Family Law Parenting/access and Child Protection / Interim Application (variation of Existing Access/custody Orders); Seven Day Trial Scheduled
Outcome
Interim order granted varying prior access/custody orders to expand father's weekend parenting time and imposing restrictions on unilateral changes to the child's school, residence and location; seven‑day trial scheduled.
Legal Topics
Parenting Time, Custody, Access, Interim Orders, Ministry Involvement
Source Language
English
Family Law Child Protection Parenting Time Custody Access Interim Orders Ministry Involvement

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Parties

J.M.

Claimant

C.M.

Respondent

Procedural Posture

Family Law Parenting/access and Child Protection / Interim Application (variation of Existing Access/custody Orders); Seven Day Trial Scheduled

Legal Issues

  1. 1 Whether existing custody/access orders should be varied to increase father's parenting time
  2. 2 Whether a material change in circumstances justifies interim variation
  3. 3 Whether increased contact is in the child's best interests pending trial

Ratio Decidendi

Interim variation of the existing access order was granted because the removal of the child from the mother's care constituted a material and substantial change, the Ministry supported increased contact, and the court concluded that additional parenting time for the father is in the child's best interests pending the scheduled trial.

Court Disposition

Interim order granted varying prior access/custody orders to expand father's weekend parenting time and imposing restrictions on unilateral changes to the child's school, residence and location; seven‑day trial scheduled.

Orders

  • C.M. shall not change the school attended by S.M. without further court order or the written consent of J.M.
  • C.M. shall not remove S.M. from the Lower Mainland of British Columbia without further court order or the written consent of J.M.