D.B. v. A.M.

D.B. v. A.M.

The court applied the child's best interests standard and found the MRI and distribution of Sunny Hill reports appropriate and granted those by consent; it declined to transfer final decision-making authority to the Father because evidence did not show the Mother acted contrary to the child's best interests; it...

Source-derived case information.

Citation
2009 BCSC 510
Parties
Plaintiff: D.B.; Defendant: A.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 April 2009
Procedural Posture
Family Law Custody and Access / Application Hearing and Reasons for Judgment at Trial Court Level
Outcome
Mixed: some applications granted by consent, some dismissed, and the access schedule varied to provide additional overnight and Monday access and altered return times and holiday allocations.
Legal Topics
Decision Making Responsibility, Medical Consent for Child, Distribution of Educational/medical Reports, Access Schedule and Overnight Access, Holiday and Statutory Day Allocation, Variation for Material Change of Circumstances
Source Language
english
Family Law Child Welfare Custody and Access Decision Making Responsibility Medical Consent for Child Distribution of Educational/medical Reports Access Schedule and Overnight Access Holiday and Statutory Day Allocation +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

D.B.

Plaintiff

A.M.

Defendant

Procedural Posture

Family Law Custody and Access / Application Hearing and Reasons for Judgment at Trial Court Level

Legal Issues

  1. 1 Whether the child should undergo recommended MRI and related consent
  2. 2 Whether Sunny Hill psychological/educational reports should be provided to school authorities
  3. 3 Whether the Father should be granted final decision-making authority for medical and educational matters

Ratio Decidendi

The court applied the child's best interests standard and found the MRI and distribution of Sunny Hill reports appropriate and granted those by consent; it declined to transfer final decision-making authority to the Father because evidence did not show the Mother acted contrary to the child's best interests; it refused to cap extracurriculars, and declined a midweek shared-residence regime as disruptive for a young child, but varied access to grant the Father Saturday night overnight access, granted the Mother Monday after-school access, adjusted certain weekday return times, and established detailed holiday and statutory/professional day sharing arrangements to balance time and respect...

Court Disposition

Mixed: some applications granted by consent, some dismissed, and the access schedule varied to provide additional overnight and Monday access and altered return times and holiday allocations.

Orders

  • Child to undergo cranial MRI as recommended by Sunny Hill Health Centre (granted by consent)
  • Sunny Hill psychological and medical reports to be provided to appropriate school authorities (granted by consent)