J.C.W. v. J.K.R.W.

J.C.W. v. J.K.R.W.

Court accepted the expert opinion (Dr. England) that the children are alienated and that the situation constitutes a material change in circumstances; concluded long-term best interests required systemic intervention (FRRP) and temporary reversal of custody to father with suspension of mother's direct and indirect contact, supported by necessity of enforcement measures and expert-directed treatment and reporting; the risk of short-term distress was outweighed by the prospect of restoring healthy parent-child relationships.

Citation
2014 BCSC 488
Parties
Claimant (father): J.C.W.; Respondent (mother): J.K.R.W. (also known as J.K.R.D.)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 March 2014
Procedural Posture
Divorce / Family Law — Custody Variation Application / Interim Custody Variation Hearing and Reasons for Judgment
Outcome
Application granted in part: interim sole custody, sole guardianship and primary residence granted to father; mother and mother's partner restrained from direct and indirect contact pending FRRP; FRRP enrollment ordered; police enforcement clause authorized; costs awarded to father on application; parties to share...
Legal Topics
Reunification Program (frrp), Custody Reversal, Suspension of Contact, Police Enforcement Clause, Expert Evidence
Source Language
English
Family Law Child Custody Parental Alienation Psychological Treatment Orders Reunification Program (frrp) Custody Reversal Suspension of Contact Police Enforcement Clause +1 more

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Parties

J.C.W.

Claimant (father)

J.K.R.W. (also known as J.K.R.D.)

Respondent (mother)

Procedural Posture

Divorce / Family Law — Custody Variation Application / Interim Custody Variation Hearing and Reasons for Judgment

Legal Issues

  1. 1 Whether the children are alienated from the father
  2. 2 Whether there has been a material change in circumstances warranting variation of custody
  3. 3 Whether enrollment in the Family Reflections Reunification Programme (FRRP) is appropriate

Ratio Decidendi

Court accepted the expert opinion (Dr. England) that the children are alienated and that the situation constitutes a material change in circumstances; concluded long-term best interests required systemic intervention (FRRP) and temporary reversal of custody to father with suspension of mother's direct and indirect contact, supported by necessity of enforcement measures and expert-directed treatment and reporting; the risk of short-term distress was outweighed by the prospect of restoring healthy parent-child relationships.

Court Disposition

Application granted in part: interim sole custody, sole guardianship and primary residence granted to father; mother and mother's partner restrained from direct and indirect contact pending FRRP; FRRP enrollment ordered; police enforcement clause authorized; costs awarded to father on application; parties to share...

Orders

  • Interim sole custody, sole guardianship and primary residence of the children granted to the father effective April 2, 2014, until further order
  • All prior access or parenting time orders suspended; mother shall have no direct or indirect contact with the children pending agreement or further order