Advocacy in Family Law Cases

Reported Decisions - Alberta and B.C.

 

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Cases tagged as Child Custody and Parenting

Cases in 2021

Nalinakshan v Dileep, 2021 BCSC 2565 2021

Counsel of Record: Millad Ossudallah

Case Summary: Millad Ossudallah successfully represented the respondent father in securing the return of his child from India to Smithers, BC within 21 days. This outcome was reached after the claimant mother had relocated without the father's consent, as provided in the BC Family Law Act. Additionally, the court ruled that the mother is prohibited from removing the child from Smithers without either the father's consent or a subsequent court order.

S.R.B. v. N.J.D.B., 2021 BCPC 2182021

Counsel of Record: Tanya Thakur

Case Summary: Tanya Thakur successfully represented the mother in this complex child custody and support case. The court upheld the existing parenting schedule, where the children primarily reside with the mother. The court also ruled in favour of the mother for child support and a proportionate share of the children's daycare costs, ensuring her financial stability and the well-being of the children.

Allan v Fagerholm, 2021 ABPC 332021

Counsel of Record: Camille Boyer

Case Summary: In this complex case involving substance abuse and child custody, the applicant father, represented by Camille Boyer was successful in petitioning the court to update the existing parenting order. Despite ongoing struggles with sobriety, the father had consistently tested negative for substance use and sought to improve his situation. Ultimately, the court granted the father unsupervised visits with his child every Saturday. The decision marked a positive step for the father in being more involved in his child's life.

S.R.B. v. N.J.D.B., 2021 BCPC 2182021

Counsel of Record: Millad Ossudallah

Case Summary: Millad Ossudallah successfully represented the respondent father in securing the return of his child from India to Smithers, BC within 21 days. This outcome was reached after the claimant mother had relocated without the father's consent, as provided in the BC Family Law Act. Additionally, the court ruled that the mother is prohibited from removing the child from Smithers without either the father's consent or a subsequent court order.

Cases in 2017

MLJ v SFJL, 2017 ABQB 1942017

Counsel of Record: Amanda Marsden 

Conflict of Laws: Family law — Children — Custody
Child removed from jurisdiction by spouse or spouse refusing to return child — Habitual residence

Case Summary: Amanda Marsden successfully represented the mother in this case involving international child custody. The court ruled that the child, who was taken to Canada by the father, was wrongfully retained and should be immediately returned to France. The father failed to prove that the mother had deceived him into moving to France with the intent of ending their relationship. The decision reinforced that both parents had originally mutually agreed to make France their habitual residence, affirming the mother's rightful custody.