L.L.J. v. E.J.

L.L.J. v. E.J.

On this interim application the court concluded the proposed relocation was not shown to be in the child's best interests; maintenance of the status quo (child remaining in Metro Vancouver) best serves the child's stability and access to both parents. Accordingly the court prohibited relocation from Metro Vancouver without written consent or further order, dismissed the father's application to increase parenting time and dismissed the father's request for interim RRSP distribution for lack of satisfactory evidence, and ordered interim child support of $412 per month from July 1, 2013 on a without prejudice basis.

Citation
2013 BCSC 1233
Parties
Claimant: L.L.J.; Respondent: E.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 July 2013
Procedural Posture
Family Law Relocation and Parenting / Interim Applications (in Chambers)
Outcome
Interim relocation prohibited; father's applications dismissed; interim child support ordered; costs in the cause.
Legal Topics
Relocation (mobility), Best Interests of the Child, Parenting Time, Interim Child Support, Interim Distribution of RRSP, Mobility Jurisprudence
Source Language
English
Family Law Child Custody Relocation Child Support Family Violence Property Division Relocation (mobility) Best Interests of the Child +4 more

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Parties

L.L.J.

Claimant

E.J.

Respondent

Procedural Posture

Family Law Relocation and Parenting / Interim Applications (in Chambers)

Legal Issues

  1. 1 whether proposed relocation to Keremeos should be permitted under FLA ss.65-69
  2. 2 whether father's parenting time should be increased
  3. 3 whether interim distribution from father's RRSP should be ordered under FLA s.89

Ratio Decidendi

On this interim application the court concluded the proposed relocation was not shown to be in the child's best interests; maintenance of the status quo (child remaining in Metro Vancouver) best serves the child's stability and access to both parents. Accordingly the court prohibited relocation from Metro Vancouver without written consent or further order, dismissed the father's application to increase parenting time and dismissed the father's request for interim RRSP distribution for lack of satisfactory evidence, and ordered interim child support of $412 per month from July 1, 2013 on a without prejudice basis.

Court Disposition

Interim relocation prohibited; father's applications dismissed; interim child support ordered; costs in the cause.

Orders

  • Neither parent shall change the child's residence from Metro Vancouver without the written consent of both parties or further order of the court.
  • Father's application for increased parenting time is dismissed.