KDM v. WEM, 2013 ABQB 528

Court of Queen ’ s Bench of Alberta Citation: KDM v. WEM, 2013 ABQB 528 Date: 20130913 Docket: 4810-022516 Registry: Red Deer Between: KDM also known as KDB Plaintiff/Respondent - and - WEM Defendant/Applicant Corrected judgment: A corrigendum was issued on September 18, 2013; the corrections have been made to the text and the corrigendum is appended to this judgment. _ ________________________________________ ______________ Memorandum of Decision of the Honourable Mr. Justice B.R.

Burrows _________________________________________ ______________ [ 1 ] In the context of this action for divorce commenced by KDM, the wife, WEM, the husband, applies for an order prohibiting KDM from moving with the children of the marriage out of the province. [ 2 ] The children are KDM’s daughter by a previous relationship aged 15 and the daughter born to KDM and WEM, aged 12. [ 3 ] The parties were married in 2000. They lived in a small town in central Alberta. They separated in August 2011 around the time that WEM was charged criminally with having sexually assaulted the 15 year old.

For the last two years it has been a term of WEM’s judicial interim release that he have no contact with either daughter. [ 4 ] WEM’s criminal trial commenced in early September before a judge of this court. The scheduled time was insufficient to complete the trial and I gather the continuation date is not certain at this point. [ 5 ] KDM wants to move with the children to small town in British Columbia. The affidavit she has filed indicates that her main reason for wanting to do so is to remove her daughters from their present community and school, where others know of the criminal

proceedings and where, as a result, life for the girls is difficult. She has family in the small town in British Columbia, has made arrangements to live with her grandmother there, and has obtained a job there. [ 6 ] That the proposed move is in the children’s best interests is supported by the principal of their present school who has written a letter in which, referring to the two daughters he says: . . .

I have seen firsthand the hardships both girls have underwent ( sic ) living in [the town in central Alberta] since the charges were laid. [The town] is a small community and everyone knows each other’s business. I have seen the girls be left out of their peer groups consistently. [The 12 year old] in particular does not have any friends in her grade here. She has struggled to make friends the past years and this September is no different. The move would provide her with a fresh start away from the stigma she currently carries.

She is a terrific young lady that has a lot to give but it seems to be falling on deaf ears with her peer group right now. Since the charges were laid [the 15 year old] also started to see relationships with friends diminish. . . . This is a move that would provide both girls with a fresh start at appropriate times in their lives with [the 12 year old] moving into grade 7 and [the 15 year old] into grade 10. These two girls have had a rough go and deserve a fresh start. I think the move would help them to establish themselves from under the shadow of their father’s charges. [ 7 ] WEM seeks to prevent the move.

He hopes to be able to restore his relationship with the 12 year old when the criminal proceedings are complete. If she moves the distance will make that already difficult task even more difficult. [ 8 ] WEM is no doubt correct. However, I am satisfied that the children’s best interests are served by following the plan KDM has developed. I have considered whether it would be prudent to wait until the criminal proceedings are finished before permitting the move.

However regardless of the outcome of the criminal trial, the restoration of the relationship between WEM and his biological daughter will probably take a very great deal of time and patient effort. And it is not likely that the community situation described by the principal will change any more quickly. [ 9 ] I deny WEM’s application. KDM is at liberty to proceed with her plan to move with the children to the small town in British Columbia. Heard on the 11 th day of September, 2013. Dated at the City of Red Deer, Alberta this 13 th day of September, 2013. B.R. Burrows J.C.Q.B.A.

Appearances: Sathiaseelan Nulliah for the Plaintiff Dana J. Carlson for the Defendant _______________________________________________________

Corrigendum of the Memorandum of Decision of The Honourable Mr. Justice B.R. Burrows _______________________________________________________ Counsel for the Plaintiff changed to read Sathiaseelan Nulliah