DUI Charge in Ontario: Penalties, Licence Suspension and Your Rights
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Family and Divorce Law
Can a couple who were married in another country and have just moved to British Columbia apply to the Supreme Court for an order restricting parenting time due to violence toward a child?
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Can a Couple Married Abroad Ask the Supreme Court of British Columbia to Restrict Parenting Time Due to Violence Toward a Child?
Yes. A couple who married in another country and have just moved to British Columbia may apply to the Supreme Court of British Columbia for an order restricting parenting time because of violence toward a child. The key issue is not where the marriage occurred, but whether the court has jurisdiction and whether restricting parenting time is in the child’s best interests.
Court Jurisdiction in British Columbia
The Supreme Court of British Columbia has authority under the Family Law Act to make decisions about parenting arrangements, including restricting parenting time. The court also retains inherent jurisdiction to protect children.
Urgent applications may proceed without notice if delay would risk harm to a child or parent.
Does a Foreign Marriage Matter?
No. The fact that a couple married outside Canada does not prevent them from seeking relief in British Columbia.
The key issue is jurisdiction over the child, including:
- Whether the child is habitually resident in BC
- Whether the child is physically present in BC
- Whether there is a real and substantial connection to BC
- Whether another jurisdiction is already dealing with the matter
Best Interests of the Child and Family Violence
The court must decide all parenting matters based solely on the best interests of the child.
Family violence is a critical factor, including:
- Violence against the child
- Violence against another parent
- Emotional or psychological harm
- Patterns of coercive or controlling behavior
- Even if violence is directed at a parent rather than the child, it can still significantly affect parenting decisions.
Restricting or Supervising Parenting Time
The court may:
– Restrict parenting time
– Order supervised parenting time
– Suspend parenting time
– Impose safety conditions
– The focus is always on protecting the child while preserving relationships where safe.
Interim and Urgent Applications
At early stages, courts often rely on limited evidence. Interim orders are designed to protect children until full evidence is available.
Courts may act cautiously but will prioritize safety over delay.
If the Family Recently Moved to BC
If the child has just arrived in BC, jurisdiction depends on section 74 of the Family Law Act.
The court may still act if:
- The child is present in BC
- There is sufficient evidence in BC
- The child has a real connection to BC
- Serious harm could occur if the child is removed
Protection Orders
A protection order may be issued if family violence is likely. These orders can include:
- No contact provisions
- Location restrictions
- Restrictions involving children
- Protection orders can override parenting arrangements temporarily.
Conclusion
Yes, couples married abroad can apply in British Columbia to restrict parenting time due to violence toward a child.
The main considerations are:
- Jurisdiction under BC law
- Evidence of family violence
- The best interests of the child
FAQ
Can I apply in BC if I married abroad?
Yes, marriage location does not affect jurisdiction.
What if my child just moved to BC?
The court will analyze jurisdiction under section 74.
Can violence against a spouse affect parenting?
Yes, it is a major factor in determining the child’s best interests.
Can parenting time be supervised?
Yes, courts frequently order supervision where safety is a concern.
Can parenting time be completely stopped?
Yes, especially in serious or high-risk cases.
Can I apply urgently?
Yes, urgent applications may proceed without notice.
What is a protection order?
A legal order to prevent family violence and protect individuals.
Do I need strong evidence?
Yes, especially for long-term restrictions.
Does BC prioritize child safety?
Yes, safety is the court’s primary concern.
Can a protection order override parenting time?
Yes, temporarily.
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