Raj v. Raj

Raj v. Raj

The protection order was continued because the evidence demonstrated family violence and a real risk to the claimant and child; unsupervised or immediately supervised parenting time was denied as not in the youngest child's best interests; a VOC report by a family justice counsellor was ordered to inform future parenting decisions; full document production and appraisals of the Chester Street Property were ordered to clarify assets; the family home was ordered sold as neither party could maintain it and to avoid wasting the asset; an interim distribution of $100,000 to each party from net sale proceeds was ordered under s.89 FLA to level the playing field and fund litigation, with...

Citation
2022 BCSC 110
Parties
Claimant: Vikashni Lata Raj; Respondent: Prem Kumar Raj; Respondent: Rajan Kumar Raj
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 January 2022
Procedural Posture
Family Law Divorce, Custody and Property / Interim Applications / Chambers Decision
Outcome
Protection order continued in favour of claimant and youngest child; document production and appraisals ordered; VOC report ordered; Family Home ordered listed for sale; interim distributions of $100,000 to each party from sale proceeds with remainder held in trust; parenting time application adjourned except for...
Legal Topics
Protection Order, Family Violence, Parenting Time, Views of the Child (voc) Report, Document Production, Interim Distribution of Family Property, Sale of Family Home, Excluded Property and Appraisals, Supervised Access, Injunctions
Source Language
English
Family Law Divorce Child Protection Property Law Civil Procedure Protection Order Family Violence Parenting Time +7 more

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Parties

Vikashni Lata Raj

Claimant

Prem Kumar Raj

Respondent

Rajan Kumar Raj

Respondent

Procedural Posture

Family Law Divorce, Custody and Property / Interim Applications / Chambers Decision

Legal Issues

  1. 1 Whether to continue a protection order under the Family Law Act
  2. 2 Whether to order parenting time for the youngest child and on what terms
  3. 3 Whether to order a Views of the Child report by a family justice counsellor

Ratio Decidendi

The protection order was continued because the evidence demonstrated family violence and a real risk to the claimant and child; unsupervised or immediately supervised parenting time was denied as not in the youngest child's best interests; a VOC report by a family justice counsellor was ordered to inform future parenting decisions; full document production and appraisals of the Chester Street Property were ordered to clarify assets; the family home was ordered sold as neither party could maintain it and to avoid wasting the asset; an interim distribution of $100,000 to each party from net sale proceeds was ordered under s.89 FLA to level the playing field and fund litigation, with...

Court Disposition

Protection order continued in favour of claimant and youngest child; document production and appraisals ordered; VOC report ordered; Family Home ordered listed for sale; interim distributions of $100,000 to each party from sale proceeds with remainder held in trust; parenting time application adjourned except for...

Orders

  • Continue protection order in favour of Vikashni Lata Raj and child P.P.
  • Order Mr. Raj to produce specified financial and medical documents within 14 days pursuant to s.212 FLA and Family Rules