B.K. v. J.B.

B.K. v. J.B.

Section 216 governs applications to vary interim orders; the threshold under s.216(3) requires a material change in circumstances or new substantial evidence that relates to the child's best interests; the applicant failed to meet that threshold for overnight visits or removal from the province but did establish a...

Source-derived case information.

Citation
2015 BCSC 1481
Parties
Claimant: B.K.; Respondent: J.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 August 2015
Procedural Posture
Family Law Variation of Interim Parenting Order / Interim Application (chambers Decision)
Outcome
Application dismissed in part and allowed in part
Legal Topics
Variation of Interim Orders, Best Interests of the Child, Threshold for Variation, Section 216 FLA, Section 47 FLA, Contact/skype Arrangements, Overnight Visits, Removal From Province
Source Language
english
Family Law Child Custody/parenting Interim Orders Variation of Orders Family Violence Variation of Interim Orders Best Interests of the Child Threshold for Variation +5 more

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Parties

B.K.

Claimant

J.B.

Respondent

Procedural Posture

Family Law Variation of Interim Parenting Order / Interim Application (chambers Decision)

Legal Issues

  1. 1 Whether s.216 or s.47 of the Family Law Act governs variation of interim parenting orders
  2. 2 Whether applicant met threshold of material change in circumstances or new substantial evidence under s.216(3)
  3. 3 Whether overnight parenting time and removal from province should be permitted

Ratio Decidendi

Section 216 governs applications to vary interim orders; the threshold under s.216(3) requires a material change in circumstances or new substantial evidence that relates to the child's best interests; the applicant failed to meet that threshold for overnight visits or removal from the province but did establish a material change for revising weekly Skype times, which was allowed with limits to protect the child's routine.

Court Disposition

Application dismissed in part and allowed in part

Orders

  • Application to vary interim order to allow overnight parenting time dismissed
  • Application to vary interim orders to permit taking the child outside British Columbia dismissed