D.B. v. A.M.

D.B. v. A.M.

The Father's application to vary the access schedule is dismissed because he failed to prove a material change in circumstances or regression in the child's reading/writing attributable to the Mother; the existing shared-time arrangement and the bilingual plan remain in the child's best interests, and limited holiday variations were ordered by consent or adjourned for further hearing.

Citation
2009 BCSC 511
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 (variation of Access and Scheduling)
Outcome
Father's primary application to add Monday access dismissed; Easter access granted by agreement; one June weekend granted by consent; the application for the second June weekend adjourned to May 28, 2009; scheduling orders for exchange of motion materials issued; request made to Chief Justice to reassign the matter...
Legal Topics
Variation of Access, Best Interests of the Child, Material Change in Circumstances, Parental Responsibilities, Holiday/access Scheduling, Bilingual Upbringing, Medical and Educational Assessment
Source Language
English
Family Law Child Custody and Access Variation of Access Best Interests of the Child Material Change in Circumstances Parental Responsibilities Holiday/access Scheduling Bilingual Upbringing +1 more

Case Brief

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Parties

D.B.

Plaintiff

A.M.

Defendant

Procedural Posture

Family Law Custody and Access / Application Hearing (variation of Access and Scheduling)

Legal Issues

  1. 1 Whether there has been a material change in circumstances since October 3, 2008 sufficient to vary the access schedule
  2. 2 Whether the proposed variation is in the best interests of the child
  3. 3 Whether father’s evidentiary showing of regression in reading/writing is reliable

Ratio Decidendi

The Father's application to vary the access schedule is dismissed because he failed to prove a material change in circumstances or regression in the child's reading/writing attributable to the Mother; the existing shared-time arrangement and the bilingual plan remain in the child's best interests, and limited holiday variations were ordered by consent or adjourned for further hearing.

Court Disposition

Father's primary application to add Monday access dismissed; Easter access granted by agreement; one June weekend granted by consent; the application for the second June weekend adjourned to May 28, 2009; scheduling orders for exchange of motion materials issued; request made to Chief Justice to reassign the matter...

Orders

  • Father's application to vary access to include Monday after school until 6:30 p.m. dismissed
  • Easter weekend access granted by the parties' agreement: Mother from Thu 7:30 p.m. to Sat 6:00 p.m.; Father from Sat 6:00 p.m. to Mon 6:00 p.m.