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The court set aside a without-notice protection order, found no likely family violence on the evidence, and ordered four children returned to the family home in British Columbia.
On the interim record balancing the factors in ss.18(6) and 18H, the Mother failed to prove relocation to Stewiacke/Shortt's Lake was in the Children’s best interests given their stronger community, school and extracurricular ties in Antigonish, the Mother gave inadequate statutory notice, and the disruption from relocation outweighed benefits; accordingly relocation was denied and alternating weekly shared parenting, starting at the matrimonial home, was ordered as the least disruptive interim arrangement.
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The court awarded the respondent double costs from October 28, 2021, plus repayment of assessor fees and fixed costs, finding the respondent substantially successful.
The court awarded primary residence of two children to the father in Kelowna, kept both parents as joint guardians, and set a detailed parenting schedule.
On a consent-order variation application, the court limited a child’s school choice to Burnaby or nearby areas, confirmed child support, and set spousal support at $3,022 monthly.
Relocation and custody application dismissed. The court held the children should remain in North Vancouver if the mother moved, given their wishes, stability, and family ties.
The court refused the mother’s request to relocate with the children to London, Ontario, finding the move would disrupt their relationship with their father and community.
The court refused the father’s application to relocate the children to Whitehorse, ordered joint custody and guardianship, and made shared-residence and property orders.
The court varied prior custody arrangements, ordering the children to reside with the father in Victoria and setting access, support, and enforcement terms.
The Court of Appeal dismissed three custody and access appeals in a family law dispute, holding the trial judge applied the correct legal principles and made no reversible error.
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