S.J.C. v. S.C.A.

S.J.C. v. S.C.A.

Application dismissed because applicant failed to produce reliable evidence, including expert opinion, demonstrating that respondent's conduct harmed or placed the child at risk; MCFD took no action, prior trial and Court of Appeal findings found no risk, and the ongoing acrimony between parents is more likely to harm the child; Court of Appeal access regime restored.

Citation
2012 BCSC 1200
Parties
Claimant: S.J.C.; Respondent: S.C.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 August 2012
Procedural Posture
Family Law Custody and Access Variation / Application to Vary Access Order
Outcome
Application dismissed; Court of Appeal access regime restored
Legal Topics
Variation of Access Order, Best Interests of the Child, Allegations of Sexualized Behaviour, Evidentiary Requirements for Expert/counselling Evidence, Joint Guardianship and Shared Parenting
Source Language
English
Family Law Child Custody and Access Child Protection Appeals Variation of Access Order Best Interests of the Child Allegations of Sexualized Behaviour Evidentiary Requirements for Expert/counselling Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S.J.C.

Claimant

S.C.A.

Respondent

Procedural Posture

Family Law Custody and Access Variation / Application to Vary Access Order

Legal Issues

  1. 1 Whether overnight access should be eliminated based on allegations of inappropriate sexualized behaviour by the respondent
  2. 2 Whether the applicant produced reliable evidentiary support (including expert evidence) to justify variation of the access regime
  3. 3 Whether prior findings by the trial judge and Court of Appeal insulate the respondent absent new, credible evidence of harm

Ratio Decidendi

Application dismissed because applicant failed to produce reliable evidence, including expert opinion, demonstrating that respondent's conduct harmed or placed the child at risk; MCFD took no action, prior trial and Court of Appeal findings found no risk, and the ongoing acrimony between parents is more likely to harm the child; Court of Appeal access regime restored.

Court Disposition

Application dismissed; Court of Appeal access regime restored

Orders

  • The application of the claimant is dismissed.
  • The access regime established by the Court of Appeal (2010 BCCA 31) is restored forthwith.