P.V. v. D.B.

P.V. v. D.B.

On the interim record, including two expert reports finding relocation not in the child's best interests and affidavit evidence of maternal conduct likely to undermine access, the court must prioritize the child's best interests over the mother's employment relocation; therefore the application to relocate is dismissed, the child's principal residence remains with the mother pending trial, and specific interim access is ordered to preserve the child's relationship with the father.

Citation
2005 BCSC 201
Parties
Plaintiff (father): P.V.; Defendant (mother): D.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 February 2005
Procedural Posture
Family Law – Custody and Relocation / Interim Application for Relocation and Interim Custody (reasons for Judgment)
Outcome
Application for permission to relocate denied; primary residence remains with mother on interim basis; interim access to father ordered; custody not finally determined.
Legal Topics
Mobility/relocation, Best Interests of the Child, Custody, Access/visitation, Consent Order, Expert Custody Assessment
Source Language
English
Family Law Child Custody Relocation Interim Relief Mobility/relocation Best Interests of the Child Custody Access/visitation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

P.V.

Plaintiff (father)

D.B.

Defendant (mother)

Procedural Posture

Family Law – Custody and Relocation / Interim Application for Relocation and Interim Custody (reasons for Judgment)

Legal Issues

  1. 1 Whether the mother should be permitted to relocate the child from North Vancouver to Victoria
  2. 2 Whether interim custody should be awarded to the father or joint custody with principal residence to father
  3. 3 How to apply best interests of the child in a mobility dispute at the interim stage

Ratio Decidendi

On the interim record, including two expert reports finding relocation not in the child's best interests and affidavit evidence of maternal conduct likely to undermine access, the court must prioritize the child's best interests over the mother's employment relocation; therefore the application to relocate is dismissed, the child's principal residence remains with the mother pending trial, and specific interim access is ordered to preserve the child's relationship with the father.

Court Disposition

Application for permission to relocate denied; primary residence remains with mother on interim basis; interim access to father ordered; custody not finally determined.

Orders

  • Application for permission to move M. to Victoria dismissed
  • Primary residence of M. to remain with her mother on interim basis