Grealy v. Lees

Grealy v. Lees

The court granted permanent custody to the Grealys because continuity and stability were in the children's best interests; the existing supervised access order was stayed due to the respondent's incarceration and changed circumstances; a section 15 report was declined because the potential harm and disruption outweighed its benefits given existing expert material; the respondent was ordered to reimburse $1,330 for reasonable access supervision costs; transfer of trust funds was refused for lack of basis and possible conflict; special costs were awarded because the petitioners acted as volunteers in exceptional circumstances arising from the respondent's reprehensible conduct.

Citation
2000 BCSC 217
Parties
Petitioner: Paul Francis Grealy; Petitioner: Laura-Lee Deanne Grealy; Respondent: Patrick David Campbell Lees
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 February 2000
Procedural Posture
Family Law Custody Application / Judgment on Application
Outcome
Permanent custody granted to Paul and Laura-Lee Grealy; existing supervised access order stayed; section 15 report dismissed; by consent Brian and Heather Lees granted reasonable access; respondent ordered to reimburse $1,330; transfer of trust funds denied; special costs awarded to petitioners.
Legal Topics
Permanent Custody, Supervised Access, Section 15 Report, Special Costs, Child Support Security Funds
Source Language
English
Family Law Child Custody Costs Criminal Law (context) Permanent Custody Supervised Access Section 15 Report Special Costs +1 more

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Parties

Paul Francis Grealy

Petitioner

Laura-Lee Deanne Grealy

Petitioner

Patrick David Campbell Lees

Respondent

Procedural Posture

Family Law Custody Application / Judgment on Application

Legal Issues

  1. 1 Whether permanent custody should be granted to petitioners
  2. 2 Whether respondent's access should continue and whether a section 15 investigation report should be ordered
  3. 3 Whether respondent should reimburse access supervision costs

Ratio Decidendi

The court granted permanent custody to the Grealys because continuity and stability were in the children's best interests; the existing supervised access order was stayed due to the respondent's incarceration and changed circumstances; a section 15 report was declined because the potential harm and disruption outweighed its benefits given existing expert material; the respondent was ordered to reimburse $1,330 for reasonable access supervision costs; transfer of trust funds was refused for lack of basis and possible conflict; special costs were awarded because the petitioners acted as volunteers in exceptional circumstances arising from the respondent's reprehensible conduct.

Court Disposition

Permanent custody granted to Paul and Laura-Lee Grealy; existing supervised access order stayed; section 15 report dismissed; by consent Brian and Heather Lees granted reasonable access; respondent ordered to reimburse $1,330; transfer of trust funds denied; special costs awarded to petitioners.

Orders

  • Interim order of April 3, 1998 granting custody to Mr. and Mrs. Grealy made permanent
  • Order granting Mr. Lees access on April 3, 1998 stayed; application for a section 15 report dismissed; Mr. Lees at liberty to apply for access