Greschuk v. Greschuk

Greschuk v. Greschuk

Court found a material change in circumstances (mother's loss of employment and new employment opportunity) but held the evidence was conflicted and insufficient on key points (child's views, allegations of abuse, respondent's plans, disruption to child's community) and therefore refused to decide the relocation or custody variation on a summary basis; ordered an independent section 15 report or, if agreed, a Views of the Child Report before making a final custody or relocation order.

Citation
2011 BCSC 11
Parties
Plaintiff: Stephanie Greschuk; Defendant: David Greschuk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 January 2011
Procedural Posture
Family Law Custody and Relocation Application / Application to Vary Consent Order; Interlocutory Referral for S.15 Report
Outcome
Application for variation of consent order not decided on the merits; matter deferred pending independent report
Legal Topics
Relocation of Child, Best Interests of the Child, Joint Custody, Threshold for Variation (material Change), Section 15 Report, Views of the Child
Source Language
English
Family Law Child Custody and Guardianship Mobility/relocation Divorce Act Family Relations Act Relocation of Child Best Interests of the Child Joint Custody +3 more

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Parties

Stephanie Greschuk

Plaintiff

David Greschuk

Defendant

Procedural Posture

Family Law Custody and Relocation Application / Application to Vary Consent Order; Interlocutory Referral for S.15 Report

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the consent order
  2. 2 Whether it is in the child's best interests to relocate to Calgary with the custodial parent
  3. 3 Whether joint custody and guardianship should be ordered

Ratio Decidendi

Court found a material change in circumstances (mother's loss of employment and new employment opportunity) but held the evidence was conflicted and insufficient on key points (child's views, allegations of abuse, respondent's plans, disruption to child's community) and therefore refused to decide the relocation or custody variation on a summary basis; ordered an independent section 15 report or, if agreed, a Views of the Child Report before making a final custody or relocation order.

Court Disposition

Application for variation of consent order not decided on the merits; matter deferred pending independent report

Orders

  • No variation of the June 27, 2003 consent order was made at this time
  • A section 15 report shall be prepared, or if the parties agree, a Views of the Child Report shall be obtained, before deciding the application