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. Based on the report and other evidence, an interim order was made placing 3 of the children with their father and giving the fourth child the option to live with him if she wished. The judge had no criticism of the report preparer, but took the view that testing of the children’s evidence was necessary and ordered that a s. 211 report be prepared.

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