April 30, 2019

Notable Family Law Cases

Kitsilano Family Law notable cases

Kitsilano Family Law has handled numerous important cases over the span of four decades.

While our recommendation and preference are to handle matters through dispute resolution, court action may be necessary. Rest assured, our case history is a testament to our client-centric support model — whether that happens inside or outside of court. Here are some of the notable examples:

  • Parker v. Mitchell, 2016 BCSC 723 - In this cross-border case involving a longtime common law couple who had lived at various times in both British Columbia and California, Cléa Amundsen represented the common law wife who sought to have British Columbia take jurisdiction while the common law husband wanted to have the case dealt with in California where the law favoured him. The court after a contested one day Supreme Court Chambers application found in part in favour of our client, ruling that British Columbia should take jurisdiction and that British Columbia law should apply to the wife’s spousal support claim. The court did conclude that California law should apply to the property claim but noted that the principles underlying California law regarding property in a common law situation appeared to be similar to our common law principles of constructive trust and unjust enrichment so our court should have no difficulty in dealing with the property claim under California law.
  • Solis v. Tibbo-Lenoski, 2015 BCCA 508 - In this case our client, a single mother from Mexico, sought the return of her five-year-old twin boys to Mexico after the Canadian father refused to return them to her at the conclusion of an access visit. The mother obtained an order for return of the children to Mexico in Supreme Court. The father appealed and the mother retained Bill Storey of Kitsilano Family Law to handle the appeal. Our client was successful in the Court of Appeal as the father’s appeal was dismissed. The father sought leave to appeal to the Supreme Court of Canada. Bill once again represented the mother on the leave application in the Supreme Court of Canada and applied to have the leave application expedited. The Supreme Court of Canada granted our client’s application to have the leave application expedited and dismissed the father’s leave application. Approximately one week later our client finally recovered the children from the father and returned with them to Mexico.
  • R.A. v. W.A., 2015 BCSC 1828 - In this case Cléa Amundsen of Kitsilano Family Law conducted a nine-day trial on behalf of our client, the mother of two children, and obtained an order for sole custody on the client’s behalf as well as favourable orders regarding allocation of parental responsibilities and child support.
  • Pepin v. McCormack, 2014 BCSC 2230 - Following a six-day trial conducted by Cléa Amundsen of Kitsilano Family Law, the court granted an order allowing our client, a Scottish single mother, to relocate to Scotland to live with her child.
  • Rey v. Getta, 2013 BCCA 369 - Children abducted to Canada by father returned to mother in Florida.
  • Lai v. Nguyen, 2013 BCSC 1129 - Common law spouse awarded one-half of equity in family home.
  • Medina v. Pallett, 2010 BCSC 259 – Child abducted to Canada by mother returned to Honduras.
  • Oncu v. Oncu, 2009 BCSC 829 – Child abducted to Canada by father returned to mother in Turkey.
  • Beatty v. Schatz, 2009 BCSC 706, 2009 BCCA 310 – Child abducted to Canada by father returned to mother in Ireland.
  • Fasiang v. Fasiangova, 2008 BCSC 1339 – Child abducted to Canada by mother returned to father in Slovakia.
  • Suarez v. Carranza, 2008 BCSC 1187 – Child abducted to Canada by mother returned to New York.
  • J.S.R. v. L.C.H.R., 2006 BCSC 1777 – Child abducted to Canada by mother returned to North Carolina.
  • Grymes v. Gaudreault, 2004 BCSC 1410 – Children abducted to Canada by mother returned to Texas.
  • Gonzalez v. Withers, 2003 BCSC 1514 – Children abducted to Canada by mother returned to father in New Jersey.
  • Cook v. Wade, 2001 BCCA 285 – Child abducted to Canada by mother returned to father in Alaska.
  • Thorne v. Dryden-Hall (1995), 18 R.F.L. (4th) 15, (1997) 28 R.F.L. (4th) 297 – Children abducted to Canada by mother returned to father in United Kingdom.
  • Gamble v. Hawke (1995), 16 R.F.L. (4th) 64 – Children abducted to Canada by mother returned to Texas.
  • Anson v. Anson (1987), 10 B.C.L.R. (2d) 357 – Groundbreaking case regarding custody and guardianship.
THE BRIEF

Read more from Kitsilano Family Law’s blog — The Brief.

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