K.L.K. v. E.J.G.K.

K.L.K. v. E.J.G.K.

No material change in circumstances was established since the trial and appellate decisions; supervisor observations and prior findings outweighed the mother's allegations, therefore supervised access was ended and unsupervised access reinstated as per the existing order, while ordering family counselling, a Section...

Source-derived case information.

Citation
2012 BCSC 662
Parties
Claimant: K.L.K.; Respondent: E.J.G.K.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 May 2012
Procedural Posture
Family Law Custody and Access / Application and Reasons for Judgment
Outcome
Mother's application to impose supervised access was dismissed for lack of material change; unsupervised access reinstated; limited relief granted for counselling and a Section 15 report; costs awarded to respondent.
Legal Topics
Supervised Access, Material Change in Circumstances, Section 15 Report, Parental Alienation, Family Counselling, Costs
Source Language
english
Family Law Child Protection Custody and Access Domestic Relations Supervised Access Material Change in Circumstances Section 15 Report Parental Alienation +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

K.L.K.

Claimant

E.J.G.K.

Respondent

Procedural Posture

Family Law Custody and Access / Application and Reasons for Judgment

Legal Issues

  1. 1 Whether the existing unsupervised access order should be varied to supervised access
  2. 2 Whether there has been a material change in circumstances since trial and appellate decisions
  3. 3 Whether to order a Section 15 Family Relations Act report

Ratio Decidendi

No material change in circumstances was established since the trial and appellate decisions; supervisor observations and prior findings outweighed the mother's allegations, therefore supervised access was ended and unsupervised access reinstated as per the existing order, while ordering family counselling, a Section 15 report by Dr. England paid by the mother, prohibiting negative comments about the other parent in front of the children, declining cross‑examination on affidavits, and awarding costs to the respondent.

Court Disposition

Mother's application to impose supervised access was dismissed for lack of material change; unsupervised access reinstated; limited relief granted for counselling and a Section 15 report; costs awarded to respondent.

Orders

  • Supervised access terminated and unsupervised access to continue as ordered by Madam Justice Griffin on July 4, 2011
  • Family counselling for the entire family to commence as soon as possible