T.E.R. v. S.M.

T.E.R. v. S.M.

The protection order and the exclusive occupation order were set aside because the court found the immediate protective purpose of the without‑notice protection order had been achieved by separation, agreed conduct orders, counselling and use of Our Family Wizard; the best interests of the children require a graduated reintroduction of the mother through a staged parenting schedule (supervised then unsupervised daytime then unsupervised overnight then equal parenting) with specified dates and nesting during stages 2 and 3; the mother must continue counselling and the father must vacate the home during the mother's parenting time in stages 2 and 3; the s.211 report was ordered and parties...

Citation
2025 BCSC 1795
Parties
Claimant: T.E.R.; Respondent: S.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 August 2025
Procedural Posture
Family Law Parenting and Occupation Orders / Chambers Application to Set Aside Without‑notice Protection and Exclusive Occupation Orders and for Interim Parenting Orders
Outcome
Protection order and exclusive occupation order dated July 30, 2025 set aside; detailed staged interim parenting and occupancy regime ordered
Legal Topics
Protection Orders, Supervised Parenting, Exclusive Occupation, Best Interests of the Child (s.37 Fla), S.211 Reports, Variation of Marriage Agreements (s.65 Fla)
Source Language
English
Family Law Child Protection Domestic Violence Property / Occupation Orders Protection Orders Supervised Parenting Exclusive Occupation Best Interests of the Child (s.37 Fla) +2 more

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Parties

T.E.R.

Claimant

S.M.

Respondent

Procedural Posture

Family Law Parenting and Occupation Orders / Chambers Application to Set Aside Without‑notice Protection and Exclusive Occupation Orders and for Interim Parenting Orders

Legal Issues

  1. 1 Whether the without‑notice protection order should be set aside
  2. 2 Whether the exclusive occupation order should be set aside
  3. 3 What interim parenting regime is in the best interests of the children including supervised access and staged progression

Ratio Decidendi

The protection order and the exclusive occupation order were set aside because the court found the immediate protective purpose of the without‑notice protection order had been achieved by separation, agreed conduct orders, counselling and use of Our Family Wizard; the best interests of the children require a graduated reintroduction of the mother through a staged parenting schedule (supervised then unsupervised daytime then unsupervised overnight then equal parenting) with specified dates and nesting during stages 2 and 3; the mother must continue counselling and the father must vacate the home during the mother's parenting time in stages 2 and 3; the s.211 report was ordered and parties...

Court Disposition

Protection order and exclusive occupation order dated July 30, 2025 set aside; detailed staged interim parenting and occupancy regime ordered

Orders

  • Protection order dated July 30, 2025 is set aside
  • Exclusive occupation order dated July 30, 2025 is set aside