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Digest of the Week | Evidence on Appeal

B(RM) v. B(DT) | 2019 ABQB 826 | Alberta Court of Queen's Bench


Family law --- Custody and access — Best interests of child generally — Conduct of parent — Alienation of affection


Parents were married in 2005, separated in 2011 and had two children — Parents successfully co-parented until 2017 when parents were failing to communicate directly or positively with each other — Mother participated in some significantly negative communications and father significantly increased children's involvement in adult conversation and decision-making — Both children lived with father, as father did not want children to reside with mother, children had no access time with mother and father did not take children to counselling as directed or attended on his own behalf — Father did not comply with court orders regarding parenting schedule, and one justice included police enforcement clause in and fine of $1,000 per day for any day daughter was at father's home when it was mother's parenting time — Mother brought application for order of primary residence of two children; father brought cross-application for order designating his home as primary residence — Mother's application granted; father's application dismissed — Father left court with no other option but to eliminate his influence from their lives — Father, in recent years, had not functioned as appropriate parent, as he refused to follow court orders or cooperate with experts that were engaged in assisting his children — Father clearly taught children that they could not continue to live in two homes and by creating environment that required children to choose parent, he placed great deal of pressure on children — Alienation of children from their mother was contrary to their best interests — Father's admitted conduct exposed significant behaviour disturbances and aggressive and controlling texts directed to mother were put before court as evidence.
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