Canada Case Law

Stone v. Crossman

Court

Supreme Court of Nova Scotia

Because of significant and ongoing conflict and poor communication between the parents that has exposed the child to parental discord, shared parenting was denied and joint custody was ordered with primary care and residence to the mother as being in the child's best interests; a detailed, structured access schedule (including summer and holiday allocations), requirements for meaningful consultation and mediation for major decisions, and financial orders were necessary to provide stability. Child support was set at the guideline table amount of $436 per month payable by the father from Februa…

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• Joint custody
• Primary residence
• Final decision making authority
• Shared parenting
• Best interests of the child
• Section 7 expenses

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S.M.M. v. J.P.H.

Court

Supreme Court of British Columbia

The court refused to vary custody, but clarified access, travel, communication, and exchange arrangements after the mother’s move to Courtenay.

• Custody variation
• Best interests of the child
• Access scheduling
• Parental relocation
• Parental communication
• Family-law

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Rupertus v. Rupertus

Court

British Columbia Court of Appeal

La Cour refuse l’autorisation d’appel d’une ordonnance de contact familial, rejette la suspension et confirme les mesures de gestion judiciaire visant à favoriser la communication parentale.

• Section 15 report (family relations act)
• Stay pending appeal
• Interview of child by judge
• Joint guardianship
• Contempt proceedings
• Judicial case management and seizing judge

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Landa-McAuliffe v. Boland

Court

Supreme Court of British Columbia

Application in a family proceeding: the court refused a police enforcement clause, ordered the child’s surname changed to Boland-Landa, and clarified disclosure and access terms.

• Police enforcement order
• Parens patriae jurisdiction
• Best interests of the child
• Hyphenated surname order
• Forfeiture of access
• Financial disclosure

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A.L.L. v. S.D.L.

Court

Supreme Court of British Columbia

Custody, guardianship, access, child support, and property issues were decided for two young children. The court ordered joint custody, a mother-deciding vote on most issues, and a staged move toward shared parenting.

• Primary residence
• Joint custody
• Joint guardianship
• Decision-making authority
• Daycare and school placement
• Section 15 report

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C.H.D. v. J.C.M.

Court

Supreme Court of British Columbia

Interim family-law orders on custody, access, support, restraining orders, and travel were made after the court assessed the child’s best interests.

• Custody and guardianship
• Access/visitation schedule
• Best interests of the child
• Imputation of income
• Restraining orders
• Travel authorization

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Colina v. Chan

Court

Supreme Court of British Columbia

The court ordered joint custody and joint guardianship, rejected a wake-period formula and makeup time, set access terms, and awarded costs to the father.

• Joint custody
• Joint guardianship
• Access schedule
• Right of first refusal
• Makeup time
• Costs

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Molero Colina v. Chan

Court

Supreme Court of British Columbia

The court ordered joint custody and joint guardianship, rejected a wake-period formula and make-up time, and awarded costs to the father at Scale B.

• Joint custody
• Joint guardianship
• Access schedule
• Right of first refusal for sick child
• Make-up time for missed access
• Joyce model

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MacLean v. Boylan

Court

Supreme Court of Nova Scotia

The applications were dismissed because (1) the parenting plan procedure was the appropriate vehicle and there was no basis to vary the consent order on the facts; (2) allowing the child to receive Roman Catholic sacraments over the mother's objection would not be in the child's best interests given the parents' agreement that the child decide her faith when older and the child's lack of understanding of the religious significance; (3) the proposed extension of summer access was not shown to benefit the child's best interests and appeared aimed at accommodating the father's schedule; and (4)…

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• Parenting plan interpretation
• Best interests of the child
• Variation of consent order
• Custody and access assessment
• Religious rites and parental authority

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K.K. v. P.P.

Court

Supreme Court of British Columbia

The court refused to vary custody, kept the child with the mother, maintained access, ordered payment of extraordinary expenses, and barred further custody/access applications without leave.

• Custody variation
• Parental alienation
• Vexatious litigant/leave to sue
• Extraordinary expenses (s.7)
• Recording communications
• Inter-jurisdictional travel

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