Tag: Best interests
British Columbia (Children and Family) v A.B., 2020 BCPC 278.
Baby A was removed from her parents’ care when she was three months old after medical evidence showed that she had sustained twelve fractures while in her parents’ primary care. The Director argued that Baby A needed protection because she had been physically harmed by her parents and remained at risk of future harm. The parents opposed the application and…
British Columbia (Child, Family and Community Service) v W and H, 2022 BCPC 216.
The Director seeks an order pursuant to s. 41(1)(b) of the Child, Family, and Community Service Act (CFCSA) placing the child in the temporary care of “The Caregivers”. There are differing opinions on child’s Indigeneity. The Court adopts Ontario court’s test of self-identification. A.H. is found to be Métis and placed with The Caregivers on temporary order for 3 months…
Director v M.G.N. and M.D.J., J.M.S., and M.J., 2023 BCPC 154.
J.M.S. is applying for an order under the Family Law Act (FLA) to be added as a guardian to the Child, Family and Community Service Act (CFCSA) proceedings. J.M.S. is former foster parent of the child, M.J.N., and such an order would provide her all-parenting responsibilities. Court makes clear they are not determining if J.M.S. is a guardian, only if…
British Columbia (Children and Family Development) v RT, 2024 BCPC 41.
Application for a continuing custody order (CCO) pursuant to s 49(9) of the Child, Family and Community Service Act (CFCSA). If denied, the Director submits that E.E.T. must be returned to R.T.’s care, pursuant to s 49(10)(b) of the CFCSA. Merrick J reiterates the purpose of the court is to make orders in the best interest of the child. Both…
British Columbia (Children and Family Development) v MKC, 2024 BCPC 55.
Director is seeking order returning R.M.C to A.W.’s care under 6-month supervision order, pursuant to Children, Family and Community Service Act (CFCSA), s 41(1)(a) – Director also consents to child being returned to M.K.C. Brecknell J conducts a best interest of the child analysis according to An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (Federal Act)…
British Columbia (Director, Ministry of Children and Families) v S.L.J., 2024 BCPC 260.
The society seeks an interim order pursuant to s. 35(2)(d) of the Child Family and Community Service Act (CFCSA) that the children remain in the care of the society until a protection hearing is held. S.L.J. provides evidence that the concerns of the society were mitigated. Thomas J. orders there was sufficient reason to apprehend, but it is in best…
British Columbia (Children and Family Development) v S.M.B. and E.M.Q., 2025 BCPC 83.
Application by B.L. to be added as a party to the file under s. 39(4) of the Child Family Community Service Act (CFCSA), or to be recognized as a care provider and thus granted party status under s. 13 of An Act Respecting First Nations, Inuit and Métis children, Youth and Families (Federal Act). The Court determines that B.L. is…
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…
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…
