A.S. v. V.S.

A.S. v. V.S.

The Master refused to order the child's return to BC pending trial because, on a balance of probabilities and in the child's best interests, the child was settled in Winnipeg with the primary caregiver, and interim measures (telephone/Skype contact and staged extended access visits with travel costs borne by the respondent) could re-establish the parent-child relationship without the disruption caused by immediate return to BC.

Citation
2012 BCSC 1776
Parties
Claimant: A.S.; Respondent: V.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 November 2012
Procedural Posture
Family Law Child Custody and Access / Interim Application Pending Trial
Outcome
Application to order immediate return denied; interim contact and structured extended access orders granted; matter set for trial.
Legal Topics
Relocation, Access/visitation, Best Interests of the Child, Restraining Order, Primary Caregiver Determination
Source Language
English
Family Law Child Custody Domestic Violence Criminal Law Relocation Access/visitation Best Interests of the Child Restraining Order +1 more

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Parties

A.S.

Claimant

V.S.

Respondent

Procedural Posture

Family Law Child Custody and Access / Interim Application Pending Trial

Legal Issues

  1. 1 Whether the child should be returned to British Columbia pending trial
  2. 2 Whether interim access and contact arrangements should be ordered
  3. 3 Whether the claimant's unilateral relocation was justified in the child's best interests

Ratio Decidendi

The Master refused to order the child's return to BC pending trial because, on a balance of probabilities and in the child's best interests, the child was settled in Winnipeg with the primary caregiver, and interim measures (telephone/Skype contact and staged extended access visits with travel costs borne by the respondent) could re-establish the parent-child relationship without the disruption caused by immediate return to BC.

Court Disposition

Application to order immediate return denied; interim contact and structured extended access orders granted; matter set for trial.

Orders

  • Costs in the cause.