B.C. v. J.C., (2014) 418 N.B.R.(2d) 211 (FD)

Judge:Walsh, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:February 04, 2014
Jurisdiction:New Brunswick
Citations:(2014), 418 N.B.R.(2d) 211 (FD);2014 NBQB 59
 
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B.C. v. J.C. (2014), 418 N.B.R.(2d) 211 (FD);

    418 R.N.-B.(2e) 211; 1087 A.P.R. 211

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] N.B.R.(2d) TBEd. AP.005

Renvoi temp.: [2014] N.B.R.(2d) TBEd. AP.005

B.C. (applicant) v. J.C. (respondent)

(FDSJ-878-2008; 2014 NBQB 59; 2014 NBBR 59)

Indexed As: B.C. v. J.C.

Répertorié: B.C. v. J.C.

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Saint John

Walsh, J.

March 3, 2014.

Summary:

Résumé:

A mother was awarded sole custody of the parties' two children. The father was given scheduled access, to be supervised by the paternal grandparents (who lived next door). The mother was informed by a third party that there had been an incident involving the father and his parents and sister and the police were involved. The mother obtained an order temporarily suspending the father's access until a full hearing could be held. The matter proceeded.

The New Brunswick Court of Queen's Bench, Family Division, in a decision reported at (2012), 387 N.B.R.(2d) 373; 1001 A.P.R. 373, held that there had been a material change of circumstances. The court varied the access order by removing weekday access, reducing summer vacation, and removing certain additional access. The court added a condition that the father continue his counselling and that he arrange and keep appointments with his physician every four months in regard to his mental and emotional health. Proof of attendance at these appointments were to be given to the mother. A review was to be conducted in 18 months. At the review hearing, the father sought unsupervised access. The mother sought termination of the father's access or, alternatively, that supervision of the access be done through a professional agency.

The New Brunswick Court of Queen's Bench, Family Division, held that the father's access supervised by the paternal grandparents was to continue. The court imposed a further condition of access requiring the grandparents to notify the mother if the father was absent for any time greater than three consecutive hours during an access weekend so that the mother could decide if access was to be terminated for the balance of the weekend. Further, the order was varied so that the supervised access could occur outside the province with two weeks' advance notice to the mother.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Family Law - Topic 2023

Custody and access - Access - Supervised access - On a review of the father's supervised access, the mother sought a termination of the father's access - The New Brunswick Court of Queen's Bench, Family Division, continued the father's supervised access - The court stated, "The law is that access is a child's right, provided it is in the child's best interest. Whether to grant it or to what extent, the decision on access cannot be influenced by any desire to punish that parent. Although supervised access is not a remedy the law looks on with favour, particularly over the long term, termination of access is obviously an even more drastic remedy, rarely invoked unless absolutely required in a child's best interests " - See paragraph 7.

Family Law - Topic 2023

Custody and access - Access - Supervised access - The father's access to the parties' two children was supervised by the paternal grandparents - At a review hearing, the father sought unsupervised access - The mother sought termination of the father's access or, alternatively, that supervision be done through a professional agency - The New Brunswick Court of Queen's Bench, Family Division, held that the father's access supervised by the paternal grandparents was to continue - Supervision was initially required due to the father's unresolved drug and emotional problems - He remained unrepentant and in deep denial - His lifestyle continued to be suspect - There was no evidence of current drug abuse nor of any inappropriate behaviour regarding the children - However, due to "lingering concerns", unsupervised access was not in the children's best interests - Professional supervision was not necessary - The paternal grandparents were very involved with the children and would not knowingly put them at risk - As the father had admitted not being present during the entire access weekends, the court imposed a condition requiring the grandparents to notify the mother if the father was absent for any time greater than three consecutive hours during an access weekend so that the mother could decide if access was to be terminated for the balance of the weekend - Further, the order was varied so that the supervised access could occur outside the province with two weeks' advance notice to the mother.

Family Law - Topic 2029

Custody and access - Access - Termination or suspension - [See first Family Law - Topic 2023 ].

Family Law - Topic 2189

Custody and access - Practice - Costs - The father's access to the parties' two children was supervised by the paternal grandparents - At a review hearing, the father sought unsupervised access - The mother sought termination of the father's access or, alternatively, that supervision be done through a professional agency - The New Brunswick Court of Queen's Bench, Family Division, having held that the father's access supervised by the paternal grandparents was to continue, awarded the mother costs on the review of $1,500 all inclusive - The very need for a review hearing was due to the father's conduct - See paragraph 14.

Droit de la famille - Cote 2023

Garde et accès - Accès - Termes d'accès - Accès surveillé - [Voir Family Law - Topic 2023 ].

Droit de la famille - Cote 2029

Garde et accès - Accès - Suppression ou suspension des droits d'accès - [Voir Family Law - Topic 2029 ].

Droit de la famille - Cote 2189

Garde et accès - Procédure - Dépens - [Voir Family Law - Topic 2189 ].

Cases Noticed:

A.J.D. v. T.B. (2013), 406 N.B.R.(2d) 217; 1053 A.P.R. 217; 2013 NBQB 224, refd to. [para. 2].

L.C.M. v. B.A.C. (2011), 380 N.B.R.(2d) 357; 980 A.P.R. 357; 2011 NBQB 283 (Fam. Div.), refd to. [para. 7].

A.N.H. v. M.K.C. (2011), 373 N.B.R.(2d) 390; 964 A.P.R. 390; 2011 NBQB 143 (Fam. Div.), refd to. [para. 13].

Counsel:

Avocats:

Natasha J. MacKay, for the applicant;

W. Rodney Macdonald, for the respondent.

This review was heard on February 4, 2014, by Walsh, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Saint John, who delivered the following ruling in both official languages on March 3, 2014.

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