Q.B. v. W.I.M.

Q.B. v. W.I.M.

On the evidence the court found significant concerns about the respondent's anger, emotional instability and poor judgment that had adversely affected the children; supervised parenting time was necessary to protect the children's emotional and psychological safety under s.37 FLA pending completion of a s.211 assessment and the respondent's engagement in anger management therapy, therefore the respondent's application for unsupervised parenting time was dismissed and supervised parenting time continued and formalized in the varied protection order.

Citation
2014 BCSC 219
Parties
Claimant: Q.B.; Respondent: W.I.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 January 2014
Procedural Posture
Family Law Variation of Protection Order Under the Family Law Act / Application to Vary Without‑notice Protection Order; Interim Hearing to Determine Parenting Time
Outcome
Respondent's application for unsupervised parenting time dismissed; claimant's request for supervised parenting time granted; protection order varied to permit supervised parenting time and monitored communications under specified conditions pending s.211 assessment.
Legal Topics
Protection Order, Parenting Time, Supervised Access, Best Interests of the Child, Without‑notice Orders, Psychological S.211 Assessment
Source Language
English
Family Law Child Welfare Domestic/family Violence Civil Procedure Protection Order Parenting Time Supervised Access Best Interests of the Child +2 more

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Parties

Q.B.

Claimant

W.I.M.

Respondent

Procedural Posture

Family Law Variation of Protection Order Under the Family Law Act / Application to Vary Without‑notice Protection Order; Interim Hearing to Determine Parenting Time

Legal Issues

  1. 1 Whether to vary a without‑notice protection order to permit unsupervised parenting time
  2. 2 Whether supervised parenting time is necessary to protect the children's emotional and psychological safety under s.37 FLA
  3. 3 Whether the respondent's alleged family violence, anger and poor judgment justify continuing restrictions and supervision

Ratio Decidendi

On the evidence the court found significant concerns about the respondent's anger, emotional instability and poor judgment that had adversely affected the children; supervised parenting time was necessary to protect the children's emotional and psychological safety under s.37 FLA pending completion of a s.211 assessment and the respondent's engagement in anger management therapy, therefore the respondent's application for unsupervised parenting time was dismissed and supervised parenting time continued and formalized in the varied protection order.

Court Disposition

Respondent's application for unsupervised parenting time dismissed; claimant's request for supervised parenting time granted; protection order varied to permit supervised parenting time and monitored communications under specified conditions pending s.211 assessment.

Orders

  • Dismissed: respondent's application for unsupervised parenting time.
  • Granted: respondent's parenting time to be supervised by a third party approved by the parties (which may include a qualified professional); parenting time to include two visits per week for up to four hours each at times and dates agreed by the parties.