Category: Related Cases


R.D.M. v. X.M.M., 2017 BCSC 1674

The father sought interim changes to parenting time of the parties’ four children, pending a trial. The children, ages 17,15,13 and 11, lived primarily with their mother. The children made allegations of family violence and sexual misconduct against the mother’s new spouse. An order was made that a Hear the Child report be done, and that the report preparer specifically ask each child whether there had been sexual misconduct …

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T.J.G. v. A.D.G., 2017 BCSC 1511

Madam Justice Young referred to the M.P.D. decision and found that a Hear the Child report can be ordered pursuant to s. 202 of the Family Law Act. Madam Justice Young held that the threshold for ordering that a report under s. 211 was low, by implication indicating that …

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M.P.D. v. C.R.D., 2017 BCSC 397

The judge discussed the legislative authority for ordering a Hear the Child report, noting that s. 211 of the Family Law Act does not envision a simple interview of the children without assessment. As sections 202, 37 and 224 were not cited to the judge, he concluded that …

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E.A.B. v. K.J.B., 2017 BCSC 1167

The parties had an 11 year old son. The father had medical issues, and the parties disagreed about how that affected their son’s best interests. They also had long-standing communication problems. The wife applied for an order that a s. 211 report be prepared. The husband applied for an order for a Hear the Child report. Master Bouck described the differences between the two types of reports, noting that …

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S.L.M.D. v. A.V.D., 2017 BCSC 394

The judge described this as a high conflict case. The parties had two minor children, aged 18 and 16, and they disagreed about parenting arrangements for the children. The court summarized a “views of the Child” report prepared by a member of the Hear the Child roster. The outcome was …

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Thomson v. Thomson, 2016 BCSC 904

The father applied for an order for preparation of a Hear the Child report relating to the views of the parties’ 15 year old daughter, pursuant to s. 211 of the Family Law Act. The mother argued that there was no jurisdiction to grant the order, because there was no application addressing a family law dispute before the court. Mr. Justice Jenkins held that …

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L.C.E. v. E.S.B., 2014 BCSC 1111

In the context of a relocation application, the mother, who wished to relocate, obtained a Hear the Child report without prior notification of or consultation with the other parent. While expressing concern about that parent’s actions, the judge …

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Henderson v. Bal, 2014 BCSC 1347

This case involved two children, S who was 16 and J, 11. The main issue between the parties was the parenting of J. A Hear the Child report had been prepared. The judge noted that the wishes of an 11 year old could not determine the outcome, but …

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B.T.R. v. U.A., 2014 BCSC 1012

The judgment notes that this was a “high conflict” case and the trial, spread over a year, took 42 days. The main issue at trial was the parenting of two children: A, 15, and T, 9. The children had been primarily parented by the mother before the separation, but by the time of trial, A was residing with the father. There was a custody and access report and a critique of the report. During the course of the hearing, the judge sought …

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Stav v Stav, 2012 BCCA 154

BC Court of Appeal finds trial judge failed to give appropriate consideration to child’s view. In Stav v Stav, 2012 BCCA 154, court relies on views of the child contained in Report prepared by Roster Member …

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