S.D.H. v. T.H

S.D.H. v. T.H

The clause excluding reference to the appropriateness of impugned decisions in Parenting Coordinator reports was ordered included because it preserves the court-allocated decision-making authority granted to the Mother, prevents predictable continued undermining by the Father, and is consistent with the Family Law Act given the limited, implementation-focused role of Parenting Coordinators; the Coordinator may, however, report on the adequacy of consultation as required by the order.

Citation
2017 BCSC 92
Parties
Claimant: S.D.H.; Respondent: T.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 January 2017
Procedural Posture
Family Law Parenting/guardianship, Application to Vary Consent Order / Hearing on Inclusion of Clause in Parenting Agreement Regarding Parenting Coordinator Report Content
Outcome
Judge ordered inclusion of the clause in the Parenting Agreement prohibiting Parenting Coordinator reports from containing any reference to the appropriateness of any impugned decision, subject to comments limiting the Coordinator to reporting on adequacy of consultation.
Legal Topics
Decision Making Authority, Parenting Time Variation, Parenting Coordinator Powers and Reporting, Best Interests of the Child, Consent Order Variation
Source Language
English
Family Law Child Custody and Guardianship Parenting Coordination Statutory Interpretation of the Family Law Act Decision Making Authority Parenting Time Variation Parenting Coordinator Powers and Reporting Best Interests of the Child +1 more

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Parties

S.D.H.

Claimant

T.H.

Respondent

Procedural Posture

Family Law Parenting/guardianship, Application to Vary Consent Order / Hearing on Inclusion of Clause in Parenting Agreement Regarding Parenting Coordinator Report Content

Legal Issues

  1. 1 Whether a clause prohibiting the Parenting Coordinator's reports from referring to the appropriateness of any impugned decision should be included in the Parenting Agreement
  2. 2 Whether that clause is consistent with the Family Law Act and the court's prior order
  3. 3 Scope of a Parenting Coordinator's authority to report or make determinations and the interaction with court-ordered decision-making allocations

Ratio Decidendi

The clause excluding reference to the appropriateness of impugned decisions in Parenting Coordinator reports was ordered included because it preserves the court-allocated decision-making authority granted to the Mother, prevents predictable continued undermining by the Father, and is consistent with the Family Law Act given the limited, implementation-focused role of Parenting Coordinators; the Coordinator may, however, report on the adequacy of consultation as required by the order.

Court Disposition

Judge ordered inclusion of the clause in the Parenting Agreement prohibiting Parenting Coordinator reports from containing any reference to the appropriateness of any impugned decision, subject to comments limiting the Coordinator to reporting on adequacy of consultation.

Orders

  • The clause 'No report prepared by the Parenting Coordinator for use in the proceedings between the parties, shall contain any reference to the appropriateness of any impugned decision.' shall be included in the Parenting Agreement.