J.I.M. v. J.M.M.

J.I.M. v. J.M.M.

On the evidence before the court the January 2024 protection order was cancelled and replaced with conduct orders under ss.222 and 225 FLA mirroring the prior protection terms because the court was not satisfied a protection order in its existing form should continue; a phased parenting time schedule was ordered (supervised visits expanding to unsupervised Wednesdays from Feb 26, 2025 and specified March‑break arrangements) to balance child safety and reintroduction of parental contact; no weapons term or police enforcement clause was made; costs for the day were divided (each party bears own).

Citation
2024 BCSC 2375
Parties
Claimant: J. I. M.; Respondent: J. M. M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 December 2024
Procedural Posture
Family Law Parenting and Protection Order Applications / Interim Cross Applications (pre Trial), Matter Set for Eight Day Trial August 18, 2025
Outcome
Protection order of January 2024 cancelled and replaced with conduct orders under ss.222 and 225 FLA; detailed interim parenting time schedule and supervision regime ordered; phased unsupervised visits beginning Feb 26, 2025 for Wednesdays; no police enforcement clause or weapons prohibition ordered; costs: each...
Legal Topics
Protection Order, Conduct Order, Supervised Parenting Time, Parental Responsibilities, Section 211 Report, Police Enforcement Clause, Parenting Time Schedule, Costs
Source Language
English
Family Law Child Welfare Domestic/family Violence Civil Procedure Protection Order Conduct Order Supervised Parenting Time Parental Responsibilities +4 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 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

J. I. M.

Claimant

J. M. M.

Respondent

Procedural Posture

Family Law Parenting and Protection Order Applications / Interim Cross Applications (pre Trial), Matter Set for Eight Day Trial August 18, 2025

Legal Issues

  1. 1 Length and duration of Christmas break visits (4 hours v. 6 hours)
  2. 2 Whether to maintain, extend, cancel, or replace the existing protection order and by what instrument
  3. 3 Whether parenting time should remain supervised until receipt of Section 211 report or convert to unsupervised visits in mid-February

Ratio Decidendi

On the evidence before the court the January 2024 protection order was cancelled and replaced with conduct orders under ss.222 and 225 FLA mirroring the prior protection terms because the court was not satisfied a protection order in its existing form should continue; a phased parenting time schedule was ordered (supervised visits expanding to unsupervised Wednesdays from Feb 26, 2025 and specified March‑break arrangements) to balance child safety and reintroduction of parental contact; no weapons term or police enforcement clause was made; costs for the day were divided (each party bears own).

Court Disposition

Protection order of January 2024 cancelled and replaced with conduct orders under ss.222 and 225 FLA; detailed interim parenting time schedule and supervision regime ordered; phased unsupervised visits beginning Feb 26, 2025 for Wednesdays; no police enforcement clause or weapons prohibition ordered; costs: each...

Orders

  • Protection order of January 2024 cancelled in its entirety and replaced with conduct orders under ss.222 and 225 of the Family Law Act mirroring the prior protection order terms (no direct or indirect communication with claimant, claimant's mother L.M., and claimant's adult daughter S.M.; respondent not to attend...
  • No weapons possession order made