J.S. v. G.J.S.

J.S. v. G.J.S.

The applications were dismissed because, on the evidence and consistent with the trial judge's prior findings, it is in the children's best interests to maintain the existing access regime and stability rather than order new evaluative reports or reduce access; only a temporary August modification to provide the...

Source-derived case information.

Citation
2009 BCSC 329
Parties
Plaintiff: J.S.; Defendant: G.J.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 March 2009
Procedural Posture
Family Law Custody and Access / Application Heard in Chambers; Decision on Applications to Vary Access and to Order Reports
Outcome
Both applications dismissed except for a limited temporary modification of access in August 2009; court to remain seized and parties to provide dates for a detailed access schedule.
Legal Topics
Change of Access, Views of the Child Report, Custody and Access Report, Parental Alienation, Enforcement of Court Orders, Seizure / Case Management Orders
Source Language
english
Family Law Child Custody Access Child Welfare Case Management Change of Access Views of the Child Report Custody and Access Report +3 more

Source-derived case record

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Parties

J.S.

Plaintiff

G.J.S.

Defendant

Procedural Posture

Family Law Custody and Access / Application Heard in Chambers; Decision on Applications to Vary Access and to Order Reports

Legal Issues

  1. 1 Whether to reduce father's access time
  2. 2 Whether to order a 'views of the child' report
  3. 3 Whether to order an updated custody and access report

Ratio Decidendi

The applications were dismissed because, on the evidence and consistent with the trial judge's prior findings, it is in the children's best interests to maintain the existing access regime and stability rather than order new evaluative reports or reduce access; only a temporary August modification to provide the mother two uninterrupted weeks was warranted; the custodial parent must ensure compliance and the father must address punctuality and behaviour and comply with support obligations.

Court Disposition

Both applications dismissed except for a limited temporary modification of access in August 2009; court to remain seized and parties to provide dates for a detailed access schedule.

Orders

  • Both applications (mother to reduce access and request views of the child reports; father for updated custody and access report) are dismissed except as set out below.
  • Father shall not have access to the children from 9:00 a.m. Saturday August 15, 2009 to 3:00 p.m. Friday August 28, 2009 (two uninterrupted weeks with mother).