D.A.M. v. D.M.T.

D.A.M. v. D.M.T.

On the interim applications the court prioritized the children's best interests and the risk assessment in Dr. Krywaniuk's report that the children are alienated and at risk if returned to the mother's care; the judge found insufficient basis to reject that expert opinion, concluded the lesser harm in a short...

Source-derived case information.

Citation
2013 BCSC 357
Parties
Claimant: D.A.M.; Respondent: D.M.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 January 2013
Procedural Posture
Family Law Custody and Guardianship (interim Applications) / Interim Hearing Pending Trial (pre Trial)
Outcome
Interim orders granted in part: children to remain in care of the relative pending trial; forensic interview request denied; parental contact prohibited pending further order; psychologist to supplement report regarding interim contact recommendations.
Legal Topics
Interim Custody, Guardianship, Parental Alienation, Forensic Interview, Access Restrictions
Source Language
english
Family Law Child Protection Custody and Access Forensic Assessment Psychiatric/psychological Evidence Interim Custody Guardianship Parental Alienation +2 more

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Parties

D.A.M.

Claimant

D.M.T.

Respondent

Procedural Posture

Family Law Custody and Guardianship (interim Applications) / Interim Hearing Pending Trial (pre Trial)

Legal Issues

  1. 1 Whether to grant sole interim custody and guardianship or maintain children with a third-party relative pending trial
  2. 2 Whether to order forensic interviews of the children by court-appointed clinicians
  3. 3 Whether to restrict parental access/contact pending trial

Ratio Decidendi

On the interim applications the court prioritized the children's best interests and the risk assessment in Dr. Krywaniuk's report that the children are alienated and at risk if returned to the mother's care; the judge found insufficient basis to reject that expert opinion, concluded the lesser harm in a short interim stay with the relative outweighed the risk of longer-term harm if the children returned to the mother, denied the requested forensic interviews as likely to further traumatize the children, and ordered that neither parent have contact with the children pending trial while the children remain with the relative; the court also directed Dr. Krywaniuk to provide a supplemental...

Court Disposition

Interim orders granted in part: children to remain in care of the relative pending trial; forensic interview request denied; parental contact prohibited pending further order; psychologist to supplement report regarding interim contact recommendations.

Orders

  • Children to remain in care of the relative pending trial on terms analogous to Master Tokarek's January 3, 2013 order (except 1 km restriction removed)
  • Mother's application for forensic interviews by Dr. Herve or Dr. Aruda denied