J.T.K.S. v. D.L.S.

The child's relocation to Calgary constituted a material change; the court lacked jurisdiction to change custody on an access variation application and therefore declined to grant temporary custody to the father; however, in the child's best interests the access order was varied to remove alternate weekend access...

Source-derived case information.

Citation: 2002 BCSC 1563
Parties: Plaintiff: J.T.K.S.; Defendant: D.L.S.
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 7 November 2002
Procedural Posture: Family Law Variation of Access Under the Divorce Act / Application to Vary Access Order (hearing)
Outcome: Access order varied as set out; custody order unchanged; each party to bear their own costs.
Legal Topics: Variation of Access, Material Change of Circumstances, Best Interests of the Child, Jurisdiction to Vary Custody, Parens Patriae
Source Language: english

Family Law Child Custody Access Divorce Act Variation of Access Material Change of Circumstances Best Interests of the Child Jurisdiction to Vary Custody +1 more

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2

Parties

J.T.K.S.

Plaintiff

D.L.S.

Defendant

Procedural Posture

Family Law Variation of Access Under the Divorce Act / Application to Vary Access Order (hearing)

Legal Issues

1 Whether the move to Calgary constituted a material change in the child's circumstances
2 Whether varying the access order is in the child's best interests
3 Whether the court could change custody on an application to vary access (temporary custody)

Ratio Decidendi

Court Disposition

Access order varied as set out; custody order unchanged; each party to bear their own costs.

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