Search Resources

Search Case Law Database

27 Result(s) in Case Law Resources...

J.W. v British Columbia (Director of Child, Family and Community Service), 2023 BCSC 512.

J.W. and N.W. (the W’s), cared for the children for multiple years under multiple care agreements as their foster parents. After multiple concerns arise, specifically in relation to the W’s efforts to assimilate the children into Catholicism, they are removed and placed with extended family within their Nation. The W’s seek an order for parenting time, amongst other things. The…

L.L v A.I, 2023 BCSC 1503.

This is an appeal from provincial court pursuant to section 233 of the Family Law Act (FLA). The Trial Judge (TJ) ordered that the child primarily reside with A.I. (non-Indigenous parent) and decisions related to education be made by A.I. L.L. (Indigenous parent) appeals on the basis that the TJ erred in interpretation and application of the law. L.L. submits…

J.N.C. v A.G.H, 2024 BCSC 1783.

Application related to the Hague Convention on the Civil Aspects of International Child Abduction [Hague Convention] for the return of the subject child to Mexico. A.G.H. argues the child is habitually resident to Canada and should remain there. J.N.C. argues habitual residence is Mexico. Hamilton. J applies the Balev framework for Hague Convention Proceedings and determines that A.G.H. fails to…

AK v JJ, 2024 ABCA 324.

After NK was removed from her mother’s care in 2018 and was placed with her maternal aunt and uncle (the Respondents) under a Customary Care Agreement (CCA), which her father, AK, later revoked. Despite AK seeking reunification and opposing the guardianship application, the trial judge granted permanent guardianship to the Respondents, concluding that it was in NK’s best interests to…

Brown v British Columbia (Director of Child, Family and Community Service), 2024 BCCA 204.

The appellants are seeking leave to appeal a previous order of the Supreme Court of British Columbia, which dismissed their appeal from the Provincial Court. In its original order, the Provincial Court held that access between the appellants and their children, post a continuing custody order [CCO], be cancelled. Abrioux J grants the leave to appeal and orders the appeal…

JJ v AK, 2025 ABCA 113.

Five parties applied to intervene on an appeal to determine the guardianship of a seven-year-old Indigenous child.

EL v Alberta (Children and Family Services), 2025 ABCJ 89.

Application for access three times a week by EL and MC with CS (the child) who is the subject of a temporary guardianship order.