S.S. v. K.B.

S.S. v. K.B.

Application dismissed because the affidavit record contained numerous, fundamental conflicts that precluded finding the requisite change in circumstances; although a Views of the Child Report post‑dating the interim order was available, it was limited and insufficiently reliable to justify varying a long‑standing...

Source-derived case information.

Citation
2016 BCSC 773
Parties
Claimant: S.S.; Respondent: K.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 April 2016
Procedural Posture
Family Law Parenting Time Variation / Interim Application to Vary Interim Order (pre Trial)
Outcome
Application dismissed; interim order of Master Tokarek maintained
Legal Topics
Variation of Interim Order, Best Interests of the Child, Views of the Child, Evidence and Credibility, Family Violence
Source Language
english
Family Law Child Custody/parenting Time Interim Orders Variation of Interim Order Best Interests of the Child Views of the Child Evidence and Credibility Family Violence

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Parties

S.S.

Claimant

K.B.

Respondent

Procedural Posture

Family Law Parenting Time Variation / Interim Application to Vary Interim Order (pre Trial)

Legal Issues

  1. 1 Whether there has been a change in circumstances or new substantial evidence under s.216 FLA warranting variation of an interim parenting order
  2. 2 What weight to give a Views of the Child Report obtained after the interim order
  3. 3 Whether conflicts in affidavit evidence and credibility issues make the matter inappropriate for summary interim variation

Ratio Decidendi

Application dismissed because the affidavit record contained numerous, fundamental conflicts that precluded finding the requisite change in circumstances; although a Views of the Child Report post‑dating the interim order was available, it was limited and insufficiently reliable to justify varying a long‑standing interim order on an interlocutory basis where a full trial assessing credibility is scheduled.

Court Disposition

Application dismissed; interim order of Master Tokarek maintained

Orders

  • Application to vary interim parenting order dismissed
  • Interim parenting schedule of Master Tokarek dated January 22, 2010 remains in effect