April 30, 2019

Review: McIntosh v. Kaulbach, 2014 BCCA 299

Mcintosh v. Kaulbach 2014 BCAA 299

B.C. Court of Appeal unanimously overturns trial judge decision.

In a case decided in July, 2014, McIntosh v. Kaulbach, 2014 BCCA 299, the B.C. Court of Appeal overturned the decision of a trial judge who had ordered a mother who had moved to another town in B.C with her child following the breakdown of the relationship to move back.

During the relationship the parties lived together in Chetwynd. The mother was the child’s primary caregiver. At the time of the separation the mother moved with the child to live with her mother in Penticton. At that time the child was a few months old. By the time the case came on for trial the mother was living with the child in Kelowna.

The trial judge concluded that the mother should have sole custody of the child but also decided that the mother must move back to Chetwynd so that both parents could have substantial contact with the child. The Court of Appeal, in a unanimous decision, found that the trial judge had erred in ordering that the mother must move back to Chetwynd. The Court stated that, having found that the mother should have sole custody, and no improper motive having been shown for her move from Chetwynd to the Okanagan at the time of the marriage breakdown, it was not open to the trial judge to order her to move back to Chetwynd. In the absence of an improper motive, the decision of the mother to move with the child was entitled to respect.

It should be noted that this case was decided under the Divorce Act, not the Family Law Act, and that different statutory criteria apply depending on which Act is utilized.

THE BRIEF

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

New Affordable Legal Services
October 26, 2023

The Kitsilano Family Law Group is excited to announce a new affordable service for self-represented clients: our new Coaching Subscription service.

Truth and Reconcilation
September 30, 2023

“Just get over it!”: a statement that many Indigenous people hear time and time again, especially those who went to residential school.

A BC Point of View: Sophie Turner's request for children to return to England
September 25, 2023

It has come to media attention that Sophie Turner has filed a court action for the return of hers and Joe Jonas’ two young children to England. In the same court action, Sophie has asked the court to declare that their children have “habitual residence” in England. So, what happens now?

Hear for you
At Kitsilano Family Law, our approach is informed by listening. We can provide guidance on your family law situation during an initial consultation. For new family law matters, we offer an initial 1-hour consultation at 200 cad plus taxes (or 100 cad plus taxes for half an hour). For ongoing family law matters and independent legal advice, consultations are charged at lawyers' hourly rates. Contact us to learn about your options.
SCHEDULE your consultation