Boychuck v. Singleton

Boychuck v. Singleton

The court refused to grant a general variation permitting the mother to unilaterally alter access arrangements or impose a right of first refusal because the court-ordered access regime governs and such unilateral change would undermine the child's right of access; however, the court exercised discretion to allow a narrowly limited, one-time deviation permitting the child to attend the specified US hockey tournament because it was imminent and appeared to align with the child's preference. The court declined to order further disclosure of financial documents because material relevant to income had been supplied and redactions did not defeat the purpose of the disclosure. Each party bears...

Citation
2007 BCSC 1387
Parties
Plaintiff (mother): Tracy Jude Boychuck; Defendant (father): Glenn David Singleton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 March 2007
Procedural Posture
Family Law Custody and Access / Application to Vary Existing Access Order (in Chambers, Oral Reasons)
Outcome
Application partially granted (limited one-time travel authorized) and otherwise dismissed; costs reserved to each party to bear own costs
Legal Topics
Variation of Access, Right of First Refusal, Joint Guardianship, Disclosure of Financial Documents, Costs
Source Language
English
Family Law Child Custody Access Rights Guardianship Variation of Access Right of First Refusal Joint Guardianship Disclosure of Financial Documents +1 more

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Parties

Tracy Jude Boychuck

Plaintiff (mother)

Glenn David Singleton

Defendant (father)

Procedural Posture

Family Law Custody and Access / Application to Vary Existing Access Order (in Chambers, Oral Reasons)

Legal Issues

  1. 1 Whether the existing access order can be varied to permit mother to give one-month notice for team travel and impose a right of first refusal on father
  2. 2 Whether to permit a one-time deviation to allow the child to travel to a US hockey tournament
  3. 3 Whether to compel disclosure of defendant's financial documents pursuant to a prior order

Ratio Decidendi

The court refused to grant a general variation permitting the mother to unilaterally alter access arrangements or impose a right of first refusal because the court-ordered access regime governs and such unilateral change would undermine the child's right of access; however, the court exercised discretion to allow a narrowly limited, one-time deviation permitting the child to attend the specified US hockey tournament because it was imminent and appeared to align with the child's preference. The court declined to order further disclosure of financial documents because material relevant to income had been supplied and redactions did not defeat the purpose of the disclosure. Each party bears...

Court Disposition

Application partially granted (limited one-time travel authorized) and otherwise dismissed; costs reserved to each party to bear own costs

Orders

  • Mother's application for a general variation to permit one-month notice for team travel and right of first refusal refused
  • Mother permitted to take the child to Everett, Washington for a hockey tournament, departing April 6 and returning April 10 (one-time limited deviation)