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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 18:35, 19 July 2019
, 18:35, 19 July 2019→Definition of family violence
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* In [http://canlii.ca/t/hvw3v ''N.M.A v. K.D.L.''], 2018 BCSC 1879, the court found that derogatory and abusive language in the father's emails to the mother was beyond mere bickering and unpleasantness and that this kind of language, especially when it occurs over an extended period of time, can amount to emotional abuse and be family violence. | * In [http://canlii.ca/t/hvw3v ''N.M.A v. K.D.L.''], 2018 BCSC 1879, the court found that derogatory and abusive language in the father's emails to the mother was beyond mere bickering and unpleasantness and that this kind of language, especially when it occurs over an extended period of time, can amount to emotional abuse and be family violence. | ||
* In [http://canlii.ca/t/hxcc8 ''S.A.W. v. P.J.W.''], 2018 BCPC 376, the court found a distinction between "mere arguments and insulting discourse", or even "nasty or spiteful arguments", and behaviour that is so "belittling, demeaning, and insulting" (and repeated frequently in front of a child), that it was at a different level and fit the broad definition of family violence, although likely 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 a distinction between "mere arguments and insulting discourse", or even "nasty or spiteful arguments", and behaviour that is so "belittling, demeaning, and insulting" (and repeated frequently in front of a child), that it was at a different level and fit the broad definition of family violence, although likely 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, the court found that 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 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/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 and demanding emails, failing to pay support, and threatening to close his dental practice, 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/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 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. | * 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. | ||