C.K.B.M. v. G.M.

C.K.B.M. v. G.M.

The respondent's entrenched refusal to permit necessary assessment and potential treatment for the child constituted a material change in circumstances; the prior corollary orders were treated as made under the Divorce Act via the doctrine of paramountcy; therefore the court varied the joint custody order to include...

Source-derived case information.

Citation
2013 BCSC 836
Parties
Claimant: C.K.B.M.; Respondent: G.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 May 2013
Procedural Posture
Family Law Custody and Guardianship (variation of Corollary Relief Under the Divorce Act) / Application to Vary Existing Custody and Guardianship Orders (variation Proceeding)
Outcome
Application granted in part: joint custody order varied to include specified decision-making terms; claimant granted sole authority to consent to psychiatric assessment/treatment and to sign Boys' and Girls' Club forms; claimant awarded costs.
Legal Topics
Custody Variation, Guardianship, Medical Consent for Child, Joyce Model, Doctrine of Paramountcy, Best Interests of the Child
Source Language
english
Family Law Child Welfare Custody and Guardianship Medical Consent Custody Variation Guardianship Medical Consent for Child Joyce Model +2 more

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Summary, issues, holding and outcome

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Parties

C.K.B.M.

Claimant

G.M.

Respondent

Procedural Posture

Family Law Custody and Guardianship (variation of Corollary Relief Under the Divorce Act) / Application to Vary Existing Custody and Guardianship Orders (variation Proceeding)

Legal Issues

  1. 1 Whether claimant should be sole custodian or whether joint custody should be retained with clarified decision-making terms
  2. 2 Which parent may consent to medical assessment and treatment for the child
  3. 3 Whether prior corollary relief orders were made under the Divorce Act or provincial statutes (FRA/FLA)

Ratio Decidendi

The respondent's entrenched refusal to permit necessary assessment and potential treatment for the child constituted a material change in circumstances; the prior corollary orders were treated as made under the Divorce Act via the doctrine of paramountcy; therefore the court varied the joint custody order to include explicit Joyce-style decision-making terms granting the primary caregiver (claimant) authority to make significant decisions when parties cannot agree, and vested the claimant with sole authority to sign consent forms for psychiatric assessment/treatment and for enrollment with the Boys' and Girls' Club; costs awarded to claimant.

Court Disposition

Application granted in part: joint custody order varied to include specified decision-making terms; claimant granted sole authority to consent to psychiatric assessment/treatment and to sign Boys' and Girls' Club forms; claimant awarded costs.

Orders

  • Joint custody of the child of the marriage is varied to include the following terms: (1) in the event of the death of a party, the surviving party will have sole custody of the child; (2) each party must advise the other of any matters of a significant nature affecting the child; (3) each party must discuss with the...
  • Claimant is given sole authority to sign any consent forms required to have the child admitted for assessment and treatment at the Child and Youth Psychiatry Clinic at Surrey Memorial Hospital or any facility or practitioner to which the child may be referred as a consequence of that assessment.