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

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

Master found no present credible flight risk given father's long Canadian residency and citizenship, accepted psychological observations showing attachment between father and children, and concluded unsupervised access was in the children's best interests subject to phased scheduling and conditions; imposed surrender of father's passport to his counsel as a protective measure to allay mother's fears, varied the restraining order to permit limited emergency communications and ordered logistics (pick up/drop off at mother's residence) and ancillary confidentiality/behaviour directions.

Citation
2002 BCSC 1823
Parties
Plaintiff: J.S.; Defendant: G.J.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 May 2002
Procedural Posture
Family Law Child Custody/access Variation / Application to Vary Prior Access Order (supervised to Unsupervised)
Outcome
Prior supervised access order varied to phased unsupervised access with conditions; passport surrendered to father's counsel; restraining order varied to permit limited emergency communications; liberty to apply reserved.
Legal Topics
Supervised Vs Unsupervised Access, Passport Surrender as Protective Measure, Variation of Restraining Order, Best Interests of the Child, Access Scheduling
Source Language
English
Family Law Child Custody and Access International Abduction Risk Supervised Vs Unsupervised Access Passport Surrender as Protective Measure Variation of Restraining Order Best Interests of the Child Access Scheduling

Case Brief

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Parties

J.S.

Plaintiff

G.J.S.

Defendant

Procedural Posture

Family Law Child Custody/access Variation / Application to Vary Prior Access Order (supervised to Unsupervised)

Legal Issues

  1. 1 Whether supervised access should be varied to unsupervised access
  2. 2 Whether the father posed a flight risk warranting travel-document restrictions
  3. 3 Appropriate phased access schedule and pick up/drop off logistics

Ratio Decidendi

Master found no present credible flight risk given father's long Canadian residency and citizenship, accepted psychological observations showing attachment between father and children, and concluded unsupervised access was in the children's best interests subject to phased scheduling and conditions; imposed surrender of father's passport to his counsel as a protective measure to allay mother's fears, varied the restraining order to permit limited emergency communications and ordered logistics (pick up/drop off at mother's residence) and ancillary confidentiality/behaviour directions.

Court Disposition

Prior supervised access order varied to phased unsupervised access with conditions; passport surrendered to father's counsel; restraining order varied to permit limited emergency communications; liberty to apply reserved.

Orders

  • Vary previous supervised access order to permit unsupervised access: initial schedule to provide weekly access including a five‑hour Saturday period (phased to seven hours after two months) and three hours on a Wednesday evening
  • Father to provide dinner during weekend access