M.C.C. v. M.C.R.C.

M.C.C. v. M.C.R.C.

On the evidence the claimant and children are at‑risk family members and family violence (psychological/emotional coercive and controlling behaviour) is likely to occur; applying s.184 risk factors and s.185 child considerations the court granted urgent ex parte protection orders under s.183, ordered exclusive occupation under s.90 because cohabitation is a practical impossibility and claimant is the preferred occupant on balance of convenience, and imposed communication restrictions under s.225; peace officer assistance to remove respondent was directed to effect the protection order.

Citation
2019 BCSC 380
Parties
Claimant: M.C.C.; Respondent: M.C.R.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 January 2019
Procedural Posture
Family Law (family Law Act) / Urgent Ex Parte Application (chambers)
Outcome
All relief sought granted: protection orders, exclusive occupation, and communication restrictions granted on an urgent ex parte basis.
Legal Topics
Protection Order S.183 FLA, Risk Factors S.184 FLA, Exclusive Occupation S.90 FLA, Restricting Communication S.225 FLA, Coercive and Controlling Behaviour, Peace Officer Assist Enforcement
Source Language
English
Family Law Domestic Violence Protection Orders Property (exclusive Occupation) Child Welfare Protection Order S.183 FLA Risk Factors S.184 FLA Exclusive Occupation S.90 FLA +3 more

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Parties

M.C.C.

Claimant

M.C.R.C.

Respondent

Procedural Posture

Family Law (family Law Act) / Urgent Ex Parte Application (chambers)

Legal Issues

  1. 1 Whether protection orders under s.183 FLA should be granted
  2. 2 Whether claimant and children qualify as at‑risk family members
  3. 3 Whether family violence (psychological/emotional coercive and controlling behaviour) is established

Ratio Decidendi

On the evidence the claimant and children are at‑risk family members and family violence (psychological/emotional coercive and controlling behaviour) is likely to occur; applying s.184 risk factors and s.185 child considerations the court granted urgent ex parte protection orders under s.183, ordered exclusive occupation under s.90 because cohabitation is a practical impossibility and claimant is the preferred occupant on balance of convenience, and imposed communication restrictions under s.225; peace officer assistance to remove respondent was directed to effect the protection order.

Court Disposition

All relief sought granted: protection orders, exclusive occupation, and communication restrictions granted on an urgent ex parte basis.

Orders

  • Protection order under s.183 FLA restraining the respondent from attending the former family residence
  • Protection order under s.183 FLA restraining the respondent or his agents from following the claimant physically or electronically