Child Fam. & Comm. Serv. Act and "P.J.S."

Child Fam. & Comm. Serv. Act and "P.J.S."

The appeal was dismissed because the trial judge lawfully exercised his discretion: he considered the presentation transcripts, psychological report and extensive protection hearing evidence, lawfully declined to follow an expert's conditional recommendations where broader evidence indicated ongoing risk, and properly concluded under s.41(2)(c) that the nature, extent and likelihood of harm justified a continuing custody order and termination of access; no manifest error was shown to permit appellate interference.

Citation
2000 BCSC 582
Parties
Appellant/parent: C.D.P.; Respondent/director: Director of Child, Family and Community Services; Child: P.J.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 April 2000
Procedural Posture
Child Protection Appeal (continuing Custody Under Child, Family and Community Service Act) / Appeal From Provincial Court Continuing Custody Order (in Chambers)
Outcome
Appeal dismissed; Provincial Court order granting continuing custody to the Director and terminating access affirmed.
Legal Topics
Continuing Custody, Access/visitation, Psychological Assessment, Standard of Review, Best Interests of the Child, Anticipatory Harm, Statutory Interpretation of S.41
Source Language
English
Family Law Child Protection Administrative Law Evidence Continuing Custody Access/visitation Psychological Assessment Standard of Review +3 more

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Parties

C.D.P.

Appellant/parent

Director of Child, Family and Community Services

Respondent/director

P.J.S.

Child

Procedural Posture

Child Protection Appeal (continuing Custody Under Child, Family and Community Service Act) / Appeal From Provincial Court Continuing Custody Order (in Chambers)

Legal Issues

  1. 1 Whether the trial judge failed to consider the appellant's evidence from the presentation hearing
  2. 2 Whether the trial judge failed to properly consider and apply the psychological assessment of Dr. Lysak
  3. 3 Whether the trial judge misapprehended the Director's plan of care and access evidence

Ratio Decidendi

The appeal was dismissed because the trial judge lawfully exercised his discretion: he considered the presentation transcripts, psychological report and extensive protection hearing evidence, lawfully declined to follow an expert's conditional recommendations where broader evidence indicated ongoing risk, and properly concluded under s.41(2)(c) that the nature, extent and likelihood of harm justified a continuing custody order and termination of access; no manifest error was shown to permit appellate interference.

Court Disposition

Appeal dismissed; Provincial Court order granting continuing custody to the Director and terminating access affirmed.

Orders

  • Appeal dismissed
  • Order of Provincial Court granting continuing custody of P.J.S. to the Director under the Child, Family and Community Service Act confirmed