A.M. v. K.P.

A.M. v. K.P.

Because allegations of family violence and concurrent criminal proceedings created unresolved safety concerns, vacating the protection order would be contrary to the children's best interests; a s.211 report was necessary to assess parenting and safety, its costs should be shared, and interim child support and expense allocations should be set pending resolution of those proceedings.

Citation
2015 BCSC 1065
Parties
Claimant: A.M.; Respondent: K.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 June 2015
Procedural Posture
Family Law — Parenting and Child Support (fla) / Interim Application Re Protection Order, S.211 Report and Interim Child Support
Outcome
Protection order not vacated; s.211 report ordered; interim child support ordered; shared allocation of certain costs and expenses; costs awarded to respondent on application
Legal Topics
Protection Orders, Parenting and Guardianship, Section 211 Report, Child Support (federal Guidelines), Section 7 Expenses, Peace Bond (s.810 Criminal Code), Family Violence Assessment
Source Language
English
Family Law Child Protection Criminal Proceedings Protection Orders Parenting and Guardianship Section 211 Report Child Support (federal Guidelines) Section 7 Expenses +2 more

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Parties

A.M.

Claimant

K.P.

Respondent

Procedural Posture

Family Law — Parenting and Child Support (fla) / Interim Application Re Protection Order, S.211 Report and Interim Child Support

Legal Issues

  1. 1 Whether the interim protection order should be vacated
  2. 2 Whether a s.211 report should be ordered and who should bear its cost
  3. 3 Whether interim child support should be ordered and its quantum and commencement date

Ratio Decidendi

Because allegations of family violence and concurrent criminal proceedings created unresolved safety concerns, vacating the protection order would be contrary to the children's best interests; a s.211 report was necessary to assess parenting and safety, its costs should be shared, and interim child support and expense allocations should be set pending resolution of those proceedings.

Court Disposition

Protection order not vacated; s.211 report ordered; interim child support ordered; shared allocation of certain costs and expenses; costs awarded to respondent on application

Orders

  • The protection order is not vacated and shall remain in force as it applies to A.M.
  • Dr. Robert Colby is appointed to prepare a s.211 report; cost of the report to be shared equally between the parties; party advancing a disproportionate share may recover that amount from the other party at conclusion of proceedings