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BC Case Law
New British Columbia Reference URL to ADD.
Mother is in contempt when not fulfilling terms of a Parenting Agreement, WA.
Filed October 2, 2003
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.opindisp&docid=723664MAJ
ALEXANDER, C.J.--Christopher Rideout initiated a contempt proceeding in superior
court against his former wife, Sara Rideout. In it he alleged that Sara
demonstrated a pattern of interference with visitation time with their children
to which Christopher was entitled pursuant to a court-approved parenting plan
and a subsequent court order establishing a summer visitation schedule. After a
hearing, the superior court held Sara in contempt for what it concluded was her
'bad faith' failure to comply with the terms of the court order relating to
summer visitation. Sara obtained review of that decision by the Court of
Appeals, Division Two, which affirmed the superior court's contempt order. Sara
thereafter petitioned for review by this court and we granted her petition. In
re Marriage of Rideout, 147 Wn.2d 1008 (2002).
We affirm the Court of Appeals, holding that: (1) notwithstanding the fact that
the submissions at the contempt proceeding were entirely documentary, the
superior court's findings of fact should be given deference and evaluated to
determine if there was substantial evidence to support them, and (2) a parent
who is the primary residential custodian may be held in contempt, pursuant to
RCW 26.09.160, for failure to make reasonable efforts to require a child to
visit the other parent as required by a parenting plan and a court order
establishing visitation.
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Joint custody
Taker v Taker (BC supreme court) the parties agreed on joint custody
and was working for 2 years, they had a scene and communication broke down.
Mother applied for sole custody, judge dismissed the appeal.
Olusanya v Olusanya (bc supreme court) - parents agreed to joint
custody - mother applied to vary it - judge ruled "...those friction points
would not appear to be ones that would be substantially overcome by ending joint
custody and awarding sole custody to the petitioner"
Frydrysek v frydrysek BCSC 1999) bitter custody dispute & other
matters.... judge ruled ..."I doubt if Mr & Ms will ever be able to consult with
one another in a meaningful, let alone civil, way with respect to Mishko(the
son). Usually, such a finding would automatically preclude parents being granted
joint custody of a child. In this case, however, I find there should be an order
that Mr & Ms share joint custody of Mishko."
Wells v Watson (BCSC 2000) J. Collver ruled " In spite of increasing
rancor which has plagued the parties' relationship before and after their
separation, I ordered continuation of joint custody & guardianship."
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