S.E.B. v. T.J.B.

S.E.B. v. T.J.B.

Court accepted and relied on the updated s.15 report which found the father's conduct had negatively affected the child's emotional well-being and parent-child relationship; under s.24(1) the child's best interests required sole custody to the mother, suspension of overnight access and supervised/limited contact pending improvement and counselling; defendant's failure to challenge the report reduced disputing weight.

Citation
2009 BCSC 1650
Parties
Plaintiff (mother): S.E.B.; Defendant (father): T.J.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 December 2009
Procedural Posture
Family Law Custody and Access / Trial and Judgment (reasons for Judgment)
Outcome
Judgment for plaintiff: sole custody awarded to the mother; access by the father restricted and overnight access suspended
Legal Topics
Custody, Access, Best Interests of the Child, S.15 Custody and Access Report, Parental Alienation
Source Language
English
Family Law Child Custody and Access Family Relations Act Matters Custody Access Best Interests of the Child S.15 Custody and Access Report Parental Alienation

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Parties

S.E.B.

Plaintiff (mother)

T.J.B.

Defendant (father)

Procedural Posture

Family Law Custody and Access / Trial and Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether sole or joint custody is in the child's best interests
  2. 2 Whether to vary the Amending Agreement's custody and access provisions
  3. 3 Whether overnight access should cease pending improvement in parent-child relationship

Ratio Decidendi

Court accepted and relied on the updated s.15 report which found the father's conduct had negatively affected the child's emotional well-being and parent-child relationship; under s.24(1) the child's best interests required sole custody to the mother, suspension of overnight access and supervised/limited contact pending improvement and counselling; defendant's failure to challenge the report reduced disputing weight.

Court Disposition

Judgment for plaintiff: sole custody awarded to the mother; access by the father restricted and overnight access suspended

Orders

  • Sole custody and guardianship of R.B. awarded to the plaintiff S.E.B.
  • Weekly access limited to Wednesday 4:30 p.m. to 7:30 p.m. and Saturday 9:30 a.m. to 4:30 p.m.; no overnight access