What is the test for a motion to prevent the return of a child from the custody of a parent who sexually abused the child?

British Columbia, Canada

The following excerpt is from Sweeney v. Thewlis, 2016 BCSC 129 (CanLII):

The petitioner relies on M.S. v. S.L., 2015 BCSC 1446, and more particularly paras. 51 and 52. Paragraph 52 quotes from Friedrich v. Friedrich, 78 F. 3d 1060 (6th Cir 1996) which makes it clear that: … Only evidence directly establishing the existence of a grave risk that would expose the child to physical or emotional harm or otherwise place the child in an intolerable situation is material to the court’s determination. The person opposing the child’s return must show that the risk to the child is grave, not merely serious. … An example of an “intolerable situation” is one in which a custodial parent sexually abuses the child.

Other Questions

What is the test for a non-custodial parent of a child who is not a custodial parent and who would benefit from the sale of the child's mother's property? (British Columbia, Canada)
Can a non-custodial parent bring a motion to block a move to Victoria by a custodial parent? (British Columbia, Canada)
What are the guidelines a court must apply in a custody matter where the custodial parent is seeking to relocate to a different place of residence with the non-custodial parent? (British Columbia, Canada)
What is the consequence if one parent deliberately prevents the other parent from exercising parenting time as stipulated in a parenting order? (British Columbia, Canada)
What is the test for a judge to determine if a child has been removed from the custody of the custodial parent and re-arrested to a different location? (British Columbia, Canada)
How much contribution from each parent should each parent of a child be made to the child's education system? (British Columbia, Canada)
When a joint custody arrangement is in place and the 40% line has been crossed, is the joint parent required to contribute towards child care costs under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
What is the effect of a parent's decision not to consider the consequences of a child’s parents’ actions in the context of child support matters? (British Columbia, Canada)
When will a court award child support to a biological parent who has never been a custodial parent? (British Columbia, Canada)
What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.