S.L.C. v. B.W.C., (1991) 1 B.C.A.C. 103 (CA)

• Judge: Hutcheon, Taylor and Proudfoot, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: April 24, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 103 (CA)

S.L.C. v. B.W.C. (1991), 1 B.C.A.C. 103 (CA);

    1 W.A.C. 103

MLB headnote and full text

S.L.C. (petitioner/appellant) v. B.W.C. (respondent/respondent)

(V01256)

Indexed As: S.L.C. v. B.W.C.

British Columbia Court of Appeal

Hutcheon, Taylor and Proudfoot, JJ.A.

June 7, 1991.

Summary:

A father was awarded custody of four young children. The mother appealed.

The British Columbia Court of Appeal allowed the appeal and awarded custody to the mother.

Family Law - Topic 1891

Custody - Considerations - Conduct of parents - Abusive behaviour - At trial a father was awarded custody of four young children - The British Columbia Court of Appeal awarded custody to the mother where the trial judge relied on an inaccurte report prepared by a court counsellor and overlooked evidence of abusive behaviour by the father toward the mother and the children - See paragraphs 1 to 34.

Family Law - Topic 1897

Custody - Considerations - Status quo - At trial a father was awarded custody of four young children - On appeal, the father argued that the mother should not get custody because it was best to maintain the status quo - The children were with the father for eight months prior to the appeal - The British Columbia Court of Appeal rejected the father's argument - The court noted that going to live with the mother would not be too disruptive because the mother lived nearby and had exercised access often during the eight months - Further, the disruption by the transfer of custody to the mother would be considerably less harmful to the children than the long-term effects they would suffer if they were subjected to further physical and verbal abuse by their father - See paragraphs 29 to 34.

Counsel:

Alison Campbell, for S.L.C.;

   Lloyd Johnson, for B.W.C.

This appeal was heard in Victoria, British Columbia, on April 24, 1991, before Hutcheon, Taylor and Proudfoot, JJ.A., of the British Columbia Court of Appeal. The following decision was delivered for the court by Proudfoot, J.A., on June 7, 1991.