Maher v. Maher

Maher v. Maher

Claimant's evidence of prolonged psychological and emotional family violence and respondent's unresolved behaviour created a risk to the child's safety and well‑being; accordingly the court ordered interim supervised parenting time and restricted direct communication pending trial, dismissed the respondent's request...

Source-derived case information.

Citation
2018 BCSC 275
Parties
Claimant: Maurie Rochelle Maher a.k.a. Maurie Rochelle Maitland; Respondent: Kevin Daniel Maher
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 February 2018
Procedural Posture
Family Law Parenting/guardianship / Interim Application (pre Trial)
Outcome
Application granted in part and dismissed in part: interim supervised parenting time ordered; declaration of guardianship and direct communication request dismissed; communication restricted; costs awarded to claimant.
Legal Topics
Supervised Access, Declaration of Guardianship, Communication Restrictions, Best Interests of the Child, Assessment of Family Violence, Status Quo Pending Trial
Source Language
english
Family Law Guardianship Parenting Time Family Violence Interim Orders Child Welfare Supervised Access Declaration of Guardianship +4 more

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Parties

Maurie Rochelle Maher a.k.a. Maurie Rochelle Maitland

Claimant

Kevin Daniel Maher

Respondent

Procedural Posture

Family Law Parenting/guardianship / Interim Application (pre Trial)

Legal Issues

  1. 1 Whether the respondent should be granted unsupervised parenting time
  2. 2 Whether an interim declaration that the parties are joint guardians is necessary
  3. 3 Whether direct communication between the parties should be permitted or restricted

Ratio Decidendi

Claimant's evidence of prolonged psychological and emotional family violence and respondent's unresolved behaviour created a risk to the child's safety and well‑being; accordingly the court ordered interim supervised parenting time and restricted direct communication pending trial, dismissed the respondent's request for a declaration of guardianship as unnecessary, and awarded costs to the claimant.

Court Disposition

Application granted in part and dismissed in part: interim supervised parenting time ordered; declaration of guardianship and direct communication request dismissed; communication restricted; costs awarded to claimant.

Orders

  • Interim parenting time: respondent to have supervised parenting time on alternate Saturdays from 10:00 to 18:00 or as agreed, supervised by a person acceptable to the claimant or by a professional service.
  • No alcohol or non-prescription drugs 12 hours prior to or during parenting time.