J.A.C. v. J.E.C.

J.A.C. v. J.E.C.

The master dismissed the claimant's interim relocation application and maintained the child's primary residence in Kamloops because, on a best interests inquiry guided by Gordon, the proposed move would significantly impair the child's contact with his father and extended family, disrupt established schooling and community ties, and present substantial travel risk; interim financial relief was ordered to address claimant's immediate needs but did not justify altering the status quo of the child's residence.

Citation
2012 BCSC 1667
Parties
Claimant: J. A. C.; Respondent: J. E. C.; Respondent: B.C. Ltd. #1; Respondent: B.C. Ltd. #2
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 November 2012
Procedural Posture
Family Law Custody/relocation / Interim Application (chambers)
Outcome
Application to relocate child to Cranbrook dismissed; status quo maintained with child primarily residing with claimant in Kamloops; interim financial relief previously ordered remains in effect; access schedule continues.
Legal Topics
Interim Custody, Mobility/relocation, Best Interests of the Child, Access, Status Quo, Interim Spousal and Child Support
Source Language
English
Family Law Child Custody Relocation Support Interim Custody Mobility/relocation Best Interests of the Child Access +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

J. A. C.

Claimant

J. E. C.

Respondent

B.C. Ltd. #1

Respondent

B.C. Ltd. #2

Respondent

Procedural Posture

Family Law Custody/relocation / Interim Application (chambers)

Legal Issues

  1. 1 Whether claimant may relocate child from Kamloops to Cranbrook on an interim basis
  2. 2 Whether the status quo of the child's residence should be maintained pending trial
  3. 3 Whether the proposed move is in the child's best interests having regard to parental access and disruption to school and family ties

Ratio Decidendi

The master dismissed the claimant's interim relocation application and maintained the child's primary residence in Kamloops because, on a best interests inquiry guided by Gordon, the proposed move would significantly impair the child's contact with his father and extended family, disrupt established schooling and community ties, and present substantial travel risk; interim financial relief was ordered to address claimant's immediate needs but did not justify altering the status quo of the child's residence.

Court Disposition

Application to relocate child to Cranbrook dismissed; status quo maintained with child primarily residing with claimant in Kamloops; interim financial relief previously ordered remains in effect; access schedule continues.

Orders

  • The child, C.C.C., born July 16, 2005, shall primarily reside with the claimant
  • The claimant shall continue to reside with the child at the family residence in Kamloops