L.R.B. v. R.A.B.

L.R.B. v. R.A.B.

Move to Saskatoon denied because it was not in best interests of the children: relocation would disrupt strong bonds with father and his extensive local family, effectively ending meaningful in-person contact; claimant's secretive planning and disregard for court orders undermined confidence she would facilitate access; accordingly primary residence remains in Lower Mainland, mother awarded custody, parties granted joint guardianship, supervised access ordered, and child support fixed under Guidelines with retroactive support to January 1, 2011.

Citation
2011 BCSC 896
Parties
Claimant: L.R.B.; Respondent: R.A.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 July 2011
Procedural Posture
Divorce and Family Law Custody, Guardianship, Access, Mobility and Child Support / Trial and Judgment
Outcome
Claimant's application to relocate to Saskatoon denied; divorce granted; custody awarded to mother; joint guardianship ordered; supervised access for father ordered; child support ordered and made retroactive to January 1, 2011; review permitted after criminal proceedings.
Legal Topics
Relocation/mobility, Custody, Guardianship, Access/supervised Access, Child Support, Retroactive Support, Interim Orders, Best Interests of the Child
Source Language
English
Family Law Child Custody Mobility/relocation Child Support Guardianship Criminal Allegations Affecting Parenting Relocation/mobility Custody +4 more

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Parties

L.R.B.

Claimant

R.A.B.

Respondent

Procedural Posture

Divorce and Family Law Custody, Guardianship, Access, Mobility and Child Support / Trial and Judgment

Legal Issues

  1. 1 Whether claimant may relocate with children from Lower Mainland BC to Saskatoon (mobility)
  2. 2 Appropriate custody and guardianship allocation
  3. 3 Access schedule and supervision given criminal allegations

Ratio Decidendi

Move to Saskatoon denied because it was not in best interests of the children: relocation would disrupt strong bonds with father and his extensive local family, effectively ending meaningful in-person contact; claimant's secretive planning and disregard for court orders undermined confidence she would facilitate access; accordingly primary residence remains in Lower Mainland, mother awarded custody, parties granted joint guardianship, supervised access ordered, and child support fixed under Guidelines with retroactive support to January 1, 2011.

Court Disposition

Claimant's application to relocate to Saskatoon denied; divorce granted; custody awarded to mother; joint guardianship ordered; supervised access for father ordered; child support ordered and made retroactive to January 1, 2011; review permitted after criminal proceedings.

Orders

  • Claimant is prohibited from changing the children's residence outside the Lower Mainland (defined as Hope to the East, US border to the South, Strait of Georgia to the West, North Shore Mountains to the North) until further order or written consent of respondent.
  • Divorce granted to claimant to take effect 31 days from judgment.