Hi All,
Recent article in Canadian Lawyer Magazine that does a much better job of reviewing this case law than I could ever do that anyone facing "family violence" (domestic violence, intimate partner abuse, etc...) should really consider:
An ?expansive? interpretation of family violence | Canadian Lawyer Magazine
The article goes on to cite the following as some of the violence, found that the mother had conducted against the father in the legal dispute. BC Law now allows for the conduct of a parent in the litigation and how they conduct the litigation (say bring a false emergency ex-parte motion, make false allegations, lock people out of their homes, etc...) can be considered as "violence".
This kind of conduct was considered by the justice as "family violence" under the new BC legislation:
Here is the actual case law which I haven't had time to review in full:
M.W.B. v. A.R.B., 2013 BCSC 885 (CanLII)
Date: 2013-05-21
Docket: 20547
URL: CanLII - 2013 BCSC 885 (CanLII)
Citation: M.W.B. v. A.R.B., 2013 BCSC 885 (CanLII)
See section VIII.(D) "What constitutes family violence?" for more.
I would add to this list of what constitutes family violence:
1. Improperly filed emergency ex-parte motions that fail to meet the threshold of requirements as set out in case law;
2. Filing matters in the wrong jurisdiction where the children do not habitually reside and requiring the court to move the matter to the proper court district (forum shopping);
3. Threatening the other party with criminal charges for non-criminal conduct and/or actually calling them - "I will call the authorities!", calling CAS and a result that doesn't result in a protection order on more than 1 occasion;
4. Threatening to physically abuse/assault or parent to any other third party; and
5. Other "truism" linked conduct...
Good Luck!
Tayken
Recent article in Canadian Lawyer Magazine that does a much better job of reviewing this case law than I could ever do that anyone facing "family violence" (domestic violence, intimate partner abuse, etc...) should really consider:
An ?expansive? interpretation of family violence | Canadian Lawyer Magazine
Unco-operative behaviour by parents fighting legal battles isn’t unusual, but a “remarkable” ruling has determined it can amount to “family violence.” British Columbia’s Family Law Act, which came fully into effect in March 2013, defined “family violence” for the first time under provincial law, to cover a range of psychologically, emotionally, and physically damaging actions. The definition of “family violence” is “the one area where B.C. is ahead of any other province in terms of its legislation,” asserts John-Paul Boyd, family lawyer at Aaron Gordon Daykin Nordlinger LLP.
Between June 2010 and January 2013, the mother consistently thwarted the father’s attempts to sell the property for a realistic price, resulting in a string of legal actions. Examples of her “oppositional behaviour” listed in the 50-page decision included changing the locks, refusing to provide keys, ignoring e-mails, and failing to reveal in a timely fashion that her solicitor had placed a lien against the property for legal fees. On one occasion, the father travelled 33 hours by bus to see the children over the weekend, only to have to spend five hours finding a locksmith so an appraiser could value the property.
In weighing whether to grant the father’s application for principal residency for his son, Brown turned to the Family Law Act, which replaced the Family Relations Act. Under s. 38 of the new act, a court must consider the presence, and seriousness, of family violence. Brown’s ruling stated: “I find the [mother’s] litigation conduct, related both to the selling of the commercial property and to parenting arrangements, considered in their totality, is a form of emotional abuse and harassment that constitute a form of family violence.”
M.W.B. v. A.R.B., 2013 BCSC 885 (CanLII)
Date: 2013-05-21
Docket: 20547
URL: CanLII - 2013 BCSC 885 (CanLII)
Citation: M.W.B. v. A.R.B., 2013 BCSC 885 (CanLII)
See section VIII.(D) "What constitutes family violence?" for more.
I would add to this list of what constitutes family violence:
1. Improperly filed emergency ex-parte motions that fail to meet the threshold of requirements as set out in case law;
2. Filing matters in the wrong jurisdiction where the children do not habitually reside and requiring the court to move the matter to the proper court district (forum shopping);
3. Threatening the other party with criminal charges for non-criminal conduct and/or actually calling them - "I will call the authorities!", calling CAS and a result that doesn't result in a protection order on more than 1 occasion;
4. Threatening to physically abuse/assault or parent to any other third party; and
5. Other "truism" linked conduct...
Good Luck!
Tayken
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