Tay v. Passeri

Tay v. Passeri

Because the claimant abducted the child in breach of court orders, engaged in parallel foreign proceedings and demonstrated bad faith and non‑compliance that undermined the administration of justice and the child's relationship with his father, the court refused to entertain the relocation application, concluded that sole guardianship, sole decision‑making authority and sole parental responsibilities and parenting time should be vested in the respondent pending the child's return, dismissed the claimant's claims for retroactive and prospective child support and s.7 expenses on the facts (including payor hardship and inability to exercise parenting due to abduction), and awarded special...

Citation
2025 BCSC 2309
Parties
Claimant: Jaeriah Poh Ching Tay aka Jaeriah Tay; Respondent: Danilo Passeri
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 November 2025
Procedural Posture
Family Law Divorce Act Proceeding (relocation, Custody, Child Support) / Trial (reasons for Judgment Delivered)
Outcome
Relocation application dismissed; respondent granted sole guardianship, sole decision‑making authority, sole parental responsibilities and sole parenting time pending the child's return; retroactive and prospective child support and s.7 expense claims dismissed; special costs awarded to respondent on a full...
Legal Topics
Relocation Application, Best Interests of the Child (divorce Act S.16), Parental Alienation, Abuse of Process, Section 211 Psychological Report, Retroactive Child Support, Section 7 Expenses, Special Costs / Indemnity Costs, Jurisdiction and Parallel Foreign Proceedings
Source Language
English
Family Law Child Custody Relocation Child Abduction Child Support Civil Procedure Costs Relocation Application Best Interests of the Child (divorce Act S.16) +7 more

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Parties

Jaeriah Poh Ching Tay aka Jaeriah Tay

Claimant

Danilo Passeri

Respondent

Procedural Posture

Family Law Divorce Act Proceeding (relocation, Custody, Child Support) / Trial (reasons for Judgment Delivered)

Legal Issues

  1. 1 Whether the claimant's relocation application to Thailand should be entertained after she abducted the child
  2. 2 Whether, on the merits, relocation would be in the child's best interests
  3. 3 Whether to grant sole guardianship, sole decision-making authority and sole parental responsibilities to the respondent pending the child's return

Ratio Decidendi

Because the claimant abducted the child in breach of court orders, engaged in parallel foreign proceedings and demonstrated bad faith and non‑compliance that undermined the administration of justice and the child's relationship with his father, the court refused to entertain the relocation application, concluded that sole guardianship, sole decision‑making authority and sole parental responsibilities and parenting time should be vested in the respondent pending the child's return, dismissed the claimant's claims for retroactive and prospective child support and s.7 expenses on the facts (including payor hardship and inability to exercise parenting due to abduction), and awarded special...

Court Disposition

Relocation application dismissed; respondent granted sole guardianship, sole decision‑making authority, sole parental responsibilities and sole parenting time pending the child's return; retroactive and prospective child support and s.7 expense claims dismissed; special costs awarded to respondent on a full...

Orders

  • Relocation application dismissed
  • Respondent granted sole guardianship of child L. pending return to Canada and further order of the Court