Difference between revisions of "Family Violence in the Family Law Act and the Divorce Act"

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Family Violence in the Family Law Act and the Divorce Act (view source)

Revision as of 18:08, 19 July 2019

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* In [http://canlii.ca/t/hxcc8 ''S.A.W. v. P.J.W.''], 2018 BCPC 376, the court found that belittling, demeaning, and insulting that rises to a certain level where one parent targets the other repeatedly in front of others can fit into the definition, although it would likely be at the lower end of the scale.  
* In [http://canlii.ca/t/hxcc8 ''S.A.W. v. P.J.W.''], 2018 BCPC 376, the court found that belittling, demeaning, and insulting that rises to a certain level where one parent targets the other repeatedly in front of others can fit into the definition, although it would likely be at the lower end of the scale.  
* In ''[http://canlii.ca/t/gx9s1 K.R. v. J.D.]'', 2017 BCSC 182, a parent's derogatory and demeaning comments about the other parent, on occasion and in the child’s presence, “clearly amount to family violence” since they disturbed the child and caused the child emotional harm.
* In ''[http://canlii.ca/t/gx9s1 K.R. v. J.D.]'', 2017 BCSC 182, a parent's derogatory and demeaning comments about the other parent, on occasion and in the child’s presence, “clearly amount to family violence” since they disturbed the child and caused the child emotional harm.
* In ''[http://canlii.ca/t/fxjb5 B. (M.W.) v. B. (A.R.)]'', 2013 BCSC 885, a mother was found to have committed family violence for repeatedly interfering with the father’s access to the children and refusing to settle orders that were drafted by lawyers, and these actions prolonged and intensified the litigation.
* In ''[http://canlii.ca/t/fxjb5 M.W.B v. A.R.B.]'', 2013 BCSC 885, a mother was found to have committed family violence for repeatedly interfering with the father’s access to the children and refusing to settle orders that were drafted by lawyers, and these actions prolonged and intensified the litigation.
* In ''[http://canlii.ca/t/gdt2h Hokhold v. Gerbrandt]'', 2014 BCSC 1875, the court determined that the father's emotionally abusive conduct, which included sending excessive demanding emails, failing to pay support, and threatening to close his dental practice, constituted family violence.
* In ''[http://canlii.ca/t/gdt2h Hokhold v. Gerbrandt]'', 2014 BCSC 1875, the court determined that the father's emotionally abusive conduct, which included sending excessive demanding emails, failing to pay support, and threatening to close his dental practice, constituted family violence.
* In ''[http://canlii.ca/t/gh679 R. (C.) v. (M.A.)]'', 2015 BCPC 76, the court found that a father’s threats to use his stronger financial position to fight the mother “[until] she lives in a box” constituted family violence.
* In ''[http://canlii.ca/t/gh679 C.R. v. A.M.]'', 2015 BCPC 76, the court found that a father’s threats to use his stronger financial position to fight the mother “[until] she lives in a box” constituted family violence.
* In ''[http://canlii.ca/t/g7233 R. (L.A.) v. R. (E.J.)]'', 2014 BCSC 966, the court found that disparaging remarks made to the children about their mother, as well as disparaging comments made to the mother in the children’s presence, constituted emotional abuse.
* In ''[http://canlii.ca/t/g7233 L.A.R. v. E.J.R.]'', 2014 BCSC 966, the court found that disparaging remarks made to the children about their mother, as well as disparaging comments made to the mother in the children’s presence, constituted emotional abuse.
* ''[http://canlii.ca/t/glx9n F.(C.) v. V. (D)]'', 2015 BCPC 309, the court found that there had been family violence as the father broke the mother’s cellphone and a picture on the wall, then kicked a hole in the bathroom door.
* ''[http://canlii.ca/t/glx9n C.F. v. D.V.]'', 2015 BCPC 309, the court found that there had been family violence as the father broke the mother’s cellphone and a picture on the wall, then kicked a hole in the bathroom door.


A lot depends on the specific facts of the case, however. The following are some examples of where the court determined that there was no family violence:
A lot depends on the specific facts of the case, however. The following are some examples of where the court determined that there was no family violence:


* In ''[http://canlii.ca/t/g2zjp S. (L.) v. S. (G).]'', 2014 BCSC 187, the father wanted the court to declare that the mother’s denial of parenting time constituted family violence. The court refused. The court noted that the father failed to provide any evidence of harm to the children.
* In ''[http://canlii.ca/t/g2zjp L.S. v. G.S.]'', 2014 BCSC 187, the father wanted the court to declare that the mother’s denial of parenting time constituted family violence. The court refused. The court noted that the father failed to provide any evidence of harm to the children.
* In ''[http://canlii.ca/t/g1rsc E. (J.R.) v. 07----8 B.C. Ltd.]'', 2013 BCSC 2038, the court held that taking an insistent and even inflexible position in post-separation negotiations did not in that case equate to emotional or psychological abuse.  
* In ''[http://canlii.ca/t/g1rsc J.R.E. v. 07-----8 B.C. Ltd.]'', 2013 BCSC 2038, the court held that taking an insistent and even inflexible position in post-separation negotiations did not in that case equate to emotional or psychological abuse.  


It should finally be cautioned that the courts take a dim view of family violence claims that have other motivations. In ''[http://canlii.ca/t/g2zjp S. (L.) v. S. (G).]'', 2014 BCSC 187, the court said:  
It should finally be cautioned that the courts take a dim view of family violence claims that have other motivations. In ''[http://canlii.ca/t/g2zjp S. (L.) v. S. (G).]'', 2014 BCSC 187, the court said:  
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