J.L.S. v. K.L.H.

J.L.S. v. K.L.H.

The trial judge properly applied s.20 and the best‑interests framework in s.24, reasonably found the Child's longstanding, stable residence with the grandparents and rich access to the mother outweigh relocation benefits, and therefore refusal to permit removal to Alberta and dismissal of change of custody...

Source-derived case information.

Citation
2012 BCSC 1451
Parties
Appellant (father): J.L.S.; Respondent (mother): K.L.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 October 2012
Procedural Posture
Family Relations Act Appeal (custody/removal) / Appeal From Provincial Court
Outcome
Appeal dismissed
Legal Topics
Custody, Guardianship, Non Removal Order, Best Interests of the Child, Status Quo, Mobility/move Away Cases
Source Language
english
Family Law Child Custody Guardianship Mobility/relocation Custody Non Removal Order Best Interests of the Child Status Quo +1 more

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Parties

J.L.S.

Appellant (father)

K.L.H.

Respondent (mother)

Procedural Posture

Family Relations Act Appeal (custody/removal) / Appeal From Provincial Court

Legal Issues

  1. 1 Whether the Father may remove the Child from the Lower Mainland to Alberta
  2. 2 Whether to vary the June 13, 2008 custody/guardianship order
  3. 3 Whether the Child's primary residence should be the Mother, the Father, or the Grandparents

Ratio Decidendi

The trial judge properly applied s.20 and the best‑interests framework in s.24, reasonably found the Child's longstanding, stable residence with the grandparents and rich access to the mother outweigh relocation benefits, and therefore refusal to permit removal to Alberta and dismissal of change of custody applications was correct; no appellate error was shown, so the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal by J.L.S. dismissed; order of Honourable Judge Walters dated May 31, 2012 upheld (Father's application to vacate non‑removal order dismissed and Mother's application for joint custody/primary residence dismissed)