Case: A.L. v. K.H. 2013 BCSC 1943 (Written Reasons)

Child Custody, Conduct of Parents, Parenting Obligations and Stability

In this case, I represented the mother who had a lovely 3 year-old boy. The boy primarily resided with her and there was a Court Order providing that the father would have specified access to the child. But for months, her ex-husband would unilaterally remove their son from his daycare and return him at random times and days to the point that sometimes the mother did not even know where the son was. He had a very unstable work schedule and in my submission, did not have any regard or respect for the mother and how his behaviour effected the stability and routine of the son.

The judge in this case ordered that if the ex-husband came to the son’s daycare, he would be arrested. This seems like a sharp decision but if the ex-husband was not complying with a previous Court Order, he probably would not comply with another one.

Costs were awarded against the ex-husband.



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