K.L.M. v. B.W.M.

K.L.M. v. B.W.M.

On an interim application the court applied the Divorce Act best interests and maximum contact principles, found both parents to be fit and loving caregivers based on evidence including adoption agency reports, concluded the previous Wong J. order was temporary and variation did not require a material change, and...

Source-derived case information.

Citation
2011 BCSC 1194
Parties
Claimant: K.L.M.; Respondent (applicant): B.W.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 September 2011
Procedural Posture
Family Law Custody/guardianship (divorce Act) / Interim Application (pre Trial)
Outcome
Application granted in part: joint custody and joint guardianship ordered and interim parenting schedule modified to increase father's contact.
Legal Topics
Interim Custody, Joint Custody, Parenting Plan, Best Interests of the Child, Maximum Contact, Access, Weight of Collateral Evidence, Communication Between Parents
Source Language
english
Family Law Child Custody Guardianship Adoption Divorce Act Interim Custody Joint Custody Parenting Plan +5 more

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Parties

K.L.M.

Claimant

B.W.M.

Respondent (applicant)

Procedural Posture

Family Law Custody/guardianship (divorce Act) / Interim Application (pre Trial)

Legal Issues

  1. 1 Whether to order joint custody and joint guardianship
  2. 2 Appropriate interim parenting schedule to give maximum contact
  3. 3 Whether Wong J.'s earlier order required a material change to vary

Ratio Decidendi

On an interim application the court applied the Divorce Act best interests and maximum contact principles, found both parents to be fit and loving caregivers based on evidence including adoption agency reports, concluded the previous Wong J. order was temporary and variation did not require a material change, and therefore ordered joint custody and guardianship with a modified parenting schedule increasing the father's weekly contact to better effectuate maximum contact while promoting stability and allowing liberty to apply after the scheduled trial date.

Court Disposition

Application granted in part: joint custody and joint guardianship ordered and interim parenting schedule modified to increase father's contact.

Orders

  • Joint custody and joint guardianship of D. awarded (guardianship terms on Master Horn model)
  • Commencing September 8, 2011, D. to be with father each week from Thursday after school until Saturday at 7 p.m.; mother to have care from 7 p.m. Saturday until pickup by father end of school day following Thursday