A.A. v. S.N.A.

A.A. v. S.N.A.

Based on the Court of Appeal findings, the contemporaneous expert evidence that the child suffers from an attachment disorder and is at risk of serious psychological harm from contact with her mother, and the trial evidence of continued alienating and unauthorized contact by the mother and grandmother, the court...

Source-derived case information.

Citation
2009 BCSC 387
Parties
Plaintiff (mother): A.A.; Defendant (father): S.N.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 March 2009
Procedural Posture
Family Law Custody and Access (variation/enforcement Applications) / Application Hearing for Interim Orders and Case Management
Outcome
Applications granted in part: court continued father's sole custody and guardianship, prohibited mother and grandmother contact with the child until at least March 31, 2010, imposed therapeutic and case management conditions and awarded costs to the father.
Legal Topics
Custody, Access/supervision, Parental Alienation, Attachment Disorder, Therapeutic Confidentiality, Leave for Future Applications, Non Contact Order, Enforcement by Police, Costs and Payment of Therapy
Source Language
english
Family Law Child Protection Case Management Mental Health in Family Law Custody Access/supervision Parental Alienation Attachment Disorder +5 more

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Parties

A.A.

Plaintiff (mother)

S.N.A.

Defendant (father)

Procedural Posture

Family Law Custody and Access (variation/enforcement Applications) / Application Hearing for Interim Orders and Case Management

Legal Issues

  1. 1 Whether mother's access should be terminated or suspended pending therapy
  2. 2 Whether father should retain sole custody and guardianship
  3. 3 Whether mother's conduct constitutes parental alienation and emotional abuse to the child

Ratio Decidendi

Based on the Court of Appeal findings, the contemporaneous expert evidence that the child suffers from an attachment disorder and is at risk of serious psychological harm from contact with her mother, and the trial evidence of continued alienating and unauthorized contact by the mother and grandmother, the court found the mother's allegations unfounded, concluded contact with the mother is presently detrimental to the child, and therefore continued sole custody and guardianship to the father, prohibited any contact by the mother and grandmother until at least March 31, 2010, mandated weekly therapy with confidentiality protections, required leave for future applications concerning the...

Court Disposition

Applications granted in part: court continued father's sole custody and guardianship, prohibited mother and grandmother contact with the child until at least March 31, 2010, imposed therapeutic and case management conditions and awarded costs to the father.

Orders

  • Mr. A shall continue to have sole custody and guardianship of M;
  • Neither Ms. A nor her mother, Ms. V, shall have any contact whatsoever, directly or indirectly, with M until at least March 31, 2010, and in any event until further order of the Court;