Karen Lindsay-Skynner

This family law trial addressed several outstanding issues between Melanie Jansen and Matthew Skillen following their separation.

The parties disputed the date of separation, parenting arrangements for their daughter, child and spousal support amounts, and the equalization of family property.

The Applicant sought sole decision-making and primary residence, while the Respondent sought shared parenting and decision-making.

The court heard the matter over a five-day trial to resolve these disputes.

The guardians of an incapable person moved to amend a management plan to allow for the sale of a property co-owned by the incapable person and her spouse.

The spouse, a non-party who had previously financially exploited the incapable person, opposed the sale indirectly through the incapable person.

The court found the incapable person's opposition was unreliable and the product of the spouse's influence.

The court granted the motion, ordering the sale of the property as it was in the incapable person's best interests.

The court also ordered costs on a full indemnity basis to be paid from the proceeds of the sale prior to distribution, effectively making the non-party spouse liable for half the costs due to his gross misconduct.

Two child protection cases were heard on the same date following the proclamation of the Child, Youth and Family Services Act, 2017 into force on April 30, 2018.

The first case involved an 11-year-old autistic child brought into care due to the mother's inability to manage significant behavioural problems.

The second case involved an infant under two months old brought into care due to the mother's mental health concerns.

Both cases were at the case conference stage with adjournments granted to allow the Children's Aid Societies to develop service plans consistent with the new statutory purposes and to report back to the court.

The parties separated after a 6.5-year relationship during which they raised four children together.

The applicant sought custody of the twin girls, spousal support, and a division of property, while the respondent sought custody of all children and permission to relocate to Kamloops.

The court granted the respondent custody of her two older boys and the applicant custody of the twins, with a shared parenting schedule.

The court dismissed the respondent's mobility claim, awarded the applicant spousal support for seven years, and found that the parties' home and bank accounts were part of a joint family venture, ordering an equal division of those assets.

The Children's Aid Society sought a finding that two children were in need of protection.

The mother had experienced marijuana-induced psychotic episodes.

The younger child had been living with his father since apprehension, while the older child, who suffered from severe anxiety and selective mutism, was in foster care.

The court found both children in need of protection.

The younger child was placed in his father's custody subject to supervision.

The older child was made a Crown ward.

The court ordered ongoing access between the mother and the older child, finding the relationship beneficial and meaningful, and that access would not impair future adoption opportunities.