A.J.C. v. R.C.

A.J.C. v. R.C.

The court found the respondent in contempt but suspended disposition because incarceration would be counterproductive to the paramount concern of the children's stability; the access schedule was varied as specified, restraining orders were retained, supervised access was not ordered at this time pending a child...

Source-derived case information.

Citation
2000 BCSC 1777
Parties
Petitioner: AMANDA JAYNE CURTIS; Respondent: RANDALL CURTIS
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 December 2000
Procedural Posture
Family Law Post Divorce Access and Contempt / Post Judgment Motions
Outcome
Access schedule varied; contempt findings upheld but disposition suspended; restraining orders to remain in force; supervision not ordered at this time; other issues reserved.
Legal Topics
Access Variation, Contempt Enforcement, Parenting Orders, Restraining Orders, Jurisdictional Removal Prohibition
Source Language
english
Family Law Contempt Child Custody/access Access Variation Contempt Enforcement Parenting Orders Restraining Orders Jurisdictional Removal Prohibition

Source-derived case record

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Parties

AMANDA JAYNE CURTIS

Petitioner

RANDALL CURTIS

Respondent

Procedural Posture

Family Law Post Divorce Access and Contempt / Post Judgment Motions

Legal Issues

  1. 1 Whether respondent should be imprisoned for contempt of restraining order
  2. 2 Whether access schedule should be varied and on what terms
  3. 3 Whether access should be supervised

Ratio Decidendi

The court found the respondent in contempt but suspended disposition because incarceration would be counterproductive to the paramount concern of the children's stability; the access schedule was varied as specified, restraining orders were retained, supervised access was not ordered at this time pending a child specialist assessment, and financial and property issues were reserved.

Court Disposition

Access schedule varied; contempt findings upheld but disposition suspended; restraining orders to remain in force; supervision not ordered at this time; other issues reserved.

Orders

  • Access on alternate weekends to continue from Friday 6:00 p.m. to Sunday 7:30 p.m.
  • Respondent entitled to access for a maximum of four days while petitioner is away following her marriage (example Sunday to Wednesday); parties to agree on actual days or follow the example if they cannot agree; petitioner to have telephone access on the same basis as respondent