C.M.L.S. v. F.C.M.S.

C.M.L.S. v. F.C.M.S.

The court concluded that returning to the four-day alternating parenting schedule is in the child's best interests provided protective conditions are imposed: a defined drug testing regime and suspension to supervised parenting if tests are positive; a s.211 parenting report by Dr. Michael Elterman (or jointly...

Source-derived case information.

Citation
2014 BCSC 1450
Parties
Claimant: C.M.L.S.; Respondent: F.C.M.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 July 2014
Procedural Posture
Family Law Parenting (interim Applications) / Interim Applications / Reasons for Judgment
Outcome
Claimant's application to resume the four-day alternating parenting schedule granted with conditions; s.211 parenting report ordered; costs reserved.
Legal Topics
Parenting Time, Best Interests of the Child, Drug Testing and Addiction, Section 211 Parenting Report, Supervised Access
Source Language
english
Family Law Parenting Time Best Interests of the Child Drug Testing and Addiction Section 211 Parenting Report Supervised Access

Source-derived case record

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Parties

C.M.L.S.

Claimant

F.C.M.S.

Respondent

Procedural Posture

Family Law Parenting (interim Applications) / Interim Applications / Reasons for Judgment

Legal Issues

  1. 1 Whether to restore a rotating four-day shared parenting schedule
  2. 2 Whether the claimant has abstained from narcotics sufficiently to permit unsupervised parenting
  3. 3 Whether to order a s.211 parenting report and appoint Dr. Michael Elterman

Ratio Decidendi

The court concluded that returning to the four-day alternating parenting schedule is in the child's best interests provided protective conditions are imposed: a defined drug testing regime and suspension to supervised parenting if tests are positive; a s.211 parenting report by Dr. Michael Elterman (or jointly appointed alternative) is necessary; costs of the report are shared.

Court Disposition

Claimant's application to resume the four-day alternating parenting schedule granted with conditions; s.211 parenting report ordered; costs reserved.

Orders

  • Parties to resume the four-day alternating parenting schedule commencing August 18, 2014.
  • Claimant to undergo drug testing twice during the week of August 11, 2014 and twice during each of the following three weeks with respondent selecting the day on one day's notice; thereafter claimant to attend for eight further drug tests during the sixty days following the initial four-week period.