Court case: JC v AAG, 2020 BCSC 1577
On September 9, 2020, the Honourable Mr. Justice Punnett issued a judgement which serves as an important reminder that parties will be held accountable for breaching court orders.
The parents were before the court to determine where the child should reside. The father was seeking that the child live with him in Victoria and the mother was seeking that the child live with her in Duncan.
Though the parents had shared equal parenting time since separating, the mother had a history of relocating with the child against the father’s wishes. The mother had moved with the child twice, despite the father obtaining court orders prohibiting the move on both occasions.
In making his decision, Mr. Justice Punnett reviewed section 37 of the Family Law Act which addresses the best interests of the child. The court found that the mother’s actions, specifically that she breached court orders and disrupted the child’s life by relocating, raised a concern for her ability to provide stability for the child in the future.
The court concluded that based on the history of the mother’s conduct, the disruptions to the child’s life, and the family support available in Victoria, it was in the child’s best interests to reside in Victoria with the father.
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photo credit: @keithmpitts