The skilled and experienced Interim Parenting Time Lawyers at MacLean Law have handled hundreds of these crucial cases as BC’s largest family law firm. Proper preparation early on can lead to positive results in obtaining Interim Parenting Time Orders. Our family law associate MacLean Law’s,
Get It Right At The Start
In a high conflict separation/divorce many issues must be decided in the short term until final orders are made at your trial. Once the court proceeding has started, you and/or your spouse will need to make various interim applications to court to sort out important issues like parenting time in the short term. The period between starting your court action to the trial date can last for more than a year. Thus the Interim Parenting Time Orders made in these applications can have a lasting impact on your relationship with your children and can affect the Final Parenting Time Order made at your trial. So it’s very important that you hire our Vancouver Parenting Time Lawyers to help you get fair Interim Parenting Time Orders that will lead to fair orders at your trial.
If You Disagree You Can Appeal
In some cases, it is possible to appeal Interim Parenting Time Orders. The test for determining whether an Interim Parenting Time Order can be appealed is confirmed in the recent BC Supreme Court decision of P.T. v. K.T. 2015 BCSC 2021:
[19] The generally accepted test on an appeal of a Master’s interim order is that it will not be set aside unless it is clearly wrong: Abermin Corporation v. Granges Exploration Ltd. (1990), 45 B.C.L.R (2d) 188 at 193 (S.C.).
[20] This “clearly wrong” test is not applied in cases of interim parenting where the decision raises questions vital to the final issue and creates a parenting arrangement that will directly impact the issues to be resolved at trial. In these circumstances, a rehearing is the appropriate form of appeal: Abermin Corporation at 193.
[21] The approach adopted by Mieklam J. was approved in Cocco v. Cocco, 2000 BCSC 189 by Bennett J. where she said:
[15] The test upon a review of an interlocutory order of a Master is that the appellant must establish that the Master was “clearly wrong” in the exercise of his or her discretion. I agree with the submission of counsel that this test does not always apply in custody and access situations. [See Thibeault v. Ravelo (06 August 1999) Prince George Registry #05543 (B.C.S.C.)] In Thibeault, Meiklem J. held that these issues must be reviewed on a case-by-case basis to assess if the interim order will have a direct bearing on the disposition of the issues at trial, bearing in mind the issues and the length of time that the interim ruling will be in place.
[22] I accept that it is appropriate to perform a review to assess if the interim order will have a direct bearing on the disposition of the issues at trial, including a consideration of the length of time the interim ruling will be binding on the parties. If the parenting arrangement approved by Master Taylor will impact the disposition of the issues at trial, I would revisit the underlying claims of the parties. It would be proper to allow the appeal if I am satisfied that his decision is not in the best interests of the children and might have long term implications for their future care.
[23] Conversely, if I conclude that the order under appeal will not likely impact the trial outcome, then for the reasons described in Thibeault and Cocco I should consider the appeal in light of the “clearly wrong” test.
In P.T. v. K.T., the court did not allow the mother to appeal the interim order increasing her spouse’s parenting time because the court did not see the increase as having a direct bearing on the disposition of the issues at trial and the Master was not found to be “clearly wrong” in the exercise of his discretion in making the Interim Parenting Time Order.
The time you spend with your children during this period is crucial for you and them. Call our highly skilled Vancouver Parenting Time Lawyers to get fair Parenting Time Orders from the get go and ensure fair Final Parenting Time Orders at trial. Contact us at 604-602-9000.
