B.J. v. A.B., 2023 BCPC 249

Citation: B.J. v. A.B. 2023 BCPC 249 Date: 20230612 File No: 18475 Registry: Quesnel IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE FAMILY LAW ACT , S.B.C. 2011 c. 25 BETWEEN: B.J. APPLICANT AND: A.B. RESPONDENT CORRIGENDUM REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE J.T. DOULIS Counsel for the Applicant: H. Zetzsche Counsel for the Respondent: S. Lo, via telecommunication Places of Hearing: Quesnel and Williams Lake , B.C.

Dates of Hearing: September 6, 7, 8, 9, 2022, March 23, 24, June 5, 2023 Date of Judgment: June 12, 2023 Corrigendum were released by the Court on November 22, 2023 and January 12, 2024. The corrections have been made to the text and the Corrigenda are appended to this document. INTRODUCTION [ 1 ] B.J. and A.B. are before the court seeking orders with respect to parenting arrangements for their [omitted for publication] son J. The genesis of these proceedings was A.B. relocating from Quesnel to Kelowna at the end of June 2021 without a court order or B.J.’s consent.

B.J. continues to reside in Quesnel; A.B. resides in Kelowna. B.J. seeks primary residence of J., or in the alternative, a shared parenting arrangement. [ 2 ] What A.B. seeks has evolved over the course of this litigation. Initially she sought primary residence of J., a protection order, and an order that B.J.’s parenting time with J. be supervised until J. is at least four years old. As of the last day of trial (June 5, 2023), A.B. seeks primary residence of J. in Kelowna and all parental responsibilities.

She has abandoned her previous applications for a protection order and an order that B.J.’s parenting time with J. be supervised. She is agreeable to J. having unsupervised parenting time with his father for four consecutive days once per month. She wants to continue to transition J. between households at the [omitted for publication] RCMP detachment. [ 3 ] Since the parties separated on July 15, 2021, they have litigated their family law issues in both the Provincial and Supreme Courts of British Columbia.

They have each made complaints about the other to the Ministry of Child, Family and Community Services (“MCFD”). A.B. has involved or threated to involve the police at every turn. B.J. has provided the court with reams of text messages exchanged with A.B. As this matter has all the hallmarks of a high-conflict family-law proceeding, I have set out as thoroughly as possible the evidence placed before the court for the benefit of the parties in any future litigation. ISSUES [ 4 ] The issues before me are as follows: a. Is B.J. entitled to compensatory parenting time; and b.

What are the appropriate parenting arrangements for J. going forward? EVIDENCE [ 5 ] The trial of this matter commenced on September 6, 2022 and continued on September 7, 8 and 9, 2022, March 23 and 24, 2023, and June 5, 2023. At the end of the sixth and final day of trial, I reserved my decision. On June 12, 2023, I provided the parties a precis of my decision. These are my Reasons for Judgment. WITNESSES [ 6 ] For the Applicant, B.J., I heard viva voce evidence from the following witnesses: a. B.J., who is A.B.’s former partner and the father of J.; b.

Joanne Bowden, Quesnel Social Worker, who investigated complaints A.B. made to the Ministry of Child and Family Development (“MCFD”) that J. was in need of protection from B.J.; c. B.L., born [omitted for publication], also known as B.P., who is B.J.’s current spouse; d. Bruce Landon, Registered Clinical Psychologist, who was B.J.’s psychotherapist between June 22, 2021 and August 9, 2021. Bruce Landon’s curriculum vitae was marked as Exhibit 6 at trial; e. J.A.J., born [omitted for publication], who is B.J.’s mother and J.’s paternal grandmother; and f.

G.E.J., born [omitted for publication], who is B.J.’s father and J.’s paternal grandfather. [ 7 ] For the Respondent, A.B., I heard viva voce evidence from: a. A.B., who is B.J.’s former partner and the mother of J.; b. MCFD Social Worker Abigail Power; and c. H.B., father of A.B. and J.’s maternal grandfather. [ 8 ] At trial, the parties tendered 16 exhibits, three of which were binders of documents. Over the course of these proceedings, the parties attended court on 19 occasions. There are 52 documents filed in the Court Electronic Information System (“CEIS”), all of which I have reviewed.

I have also received the transcript of the proceedings before Judge Galbraith on December 1, 2021, and the interim hearing on September 9, 2022.

BACKGROUND FACTS AND PROCEDURAL HISTORY [ 9 ] B.E.J.J. (also “BEJJ”) was born [omitted for publication], and is soon to be [omitted for publication] years old. He resides at [omitted for publication]. He is the adopted son of J.A.J. and G.J., who reside in Quesnel, BC. B.J. is their only child and J., their only grandchild. [ 10 ] B.J. grew up in Quesnel. He identifies as [omitted for publication] through his birth parents. He graduated from Grade 12 in [omitted for publication]. While still a student, B.J. began working for [omitted for publication] in Quesnel.

He relocated to Kelowna where he spent one and one-half years attending [omitted for publication] College. In 2016, he obtained his Heavy Mechanical Foundation Certificate. [ 11 ] A.M.B. (also “AMB”), born [omitted for publication], is [omitted for publication] years old. She is the daughter of H.B. and M.B. who reside in Kelowna.

A.B. resides with J. on her parent’s hobby farm at [omitted for publication], Kelowna, BC, [omitted for publication]. [ 12 ] A.B. graduated from high school in Kelowna and attended [omitted for publication] College for 1.5 years, studying business administration. [ 13 ] B.J. and A.B. met in Kelowna in early 2017 and began cohabitating shortly thereafter. At the time, B.J. was an apprentice heavy- duty technician.

While residing in Kelowna, B.J. worked as an apprentice commercial transport technician as well as other jobs in other trades. [ 14 ] In February 2018, B.J. and A.B. moved to Quesnel where they resided until their separation on June 15, 2021. For the first six or seven months, B.J. and A.B. lived with B.J.’s parents, after which, they obtained their own residence. [ 15 ] When they moved to Quesnel, B.J. found work as a ski and snowboard instructor at [omitted for publication] Resort.

He held that job until June 2019, when he began working as a commercial transport technician for [omitted for publication] in Quesnel. In April 2020, B.J. gained employment as a bleach plant utility shift worker for [omitted for publication] in Quesnel, where he continues to work. B.J.’s shifts generally consist of two dayshifts and two nightshifts, with four days off. [ 16 ] A.B. found work with [omitted for publication], where she worked until J. was born.

She now currently works on call as a body- transportation attendant for [omitted for publication]. [ 17 ] B.J. and A.B. are the biological parents of J.B.V.J., born [omitted for publication] (“J.”), who is now approximately [omitted for publication]. [ 18 ] B.J. and A.B. were reasonably happy until J.’s birth, after which their relationship began to disintegrate until it was no longer viable. [ 19 ] In 2020, B.J. and A.B. moved into a square timber log house at [omitted for publication], Quesnel, BC, which they rented from the [omitted for publication].

B.J. has continued to reside in this rental accommodation after he and A.B. separated. [ 20 ] On June 22, 2021, B.J. initiated counselling sessions with Bruce Landon in an effort to learn strategies to deal with his relationship issues with A.B. Post-separation, these sessions focused on B.J.’s adjustment to the change in his relationship with A.B. and his emotional coping that typically follows relationship adjustments. [ 21 ] On June 28, 2021, A.B. initiated a discussion with B.J. about separating in an attempt to “end the relationship”. Unbeknownst to B.J., A.B. recorded part of their conversation.

A.B. provided the court with what she says is a transcript of the first portion of their conversation. The transcript, which A.B. prepared herself, is supplemented with her editorial comments (the “June 28, 2021 Transcript”). The court was not provided with the actual recording. Although I have some concerns as to the integrity of this transcript, I accept that on June 28, 2021, A.B. did initiate separation discussions with B.J., which she recorded in part. [ 22 ] On June 29, 2021, A.B. asked her father (H.B.) to come to Quesnel and pick her up, which he did; he took A.B. and J. to Kelowna.

B.J. believed A.B. was going to visit with her parents, as she had done in the past. He did not know or did not appreciate A.B. was planning to permanently relocate to Kelowna with J. A.B. testified it ought to have been clear to B.J. her visit was not a “normal visit” with her parents. She says she tried ending the relationship the previous day and on July 29, 2021, she was packing her “belongings in garbage bags and suitcases”. [ 23 ] In a text message to J.A.J. on June 29, 2021, A.B. states: . . . I miss having a partner and I tried to be happy for him, and I plan on keeping with my counsellor for sure.

I’m leaving today. But only because this is really hard on B. I think the longer we drag it out the harder it is on both of us and the harder it is to keep it together around J. It sounds like B. is all for staying with his [counselling] and he wants to try it together too. So hopefully we can come back together one day and make it work. But yes, we are both not handling ourselves in a healthy way, nor do we know how too. So I think we both need a chance to live apart. I’ll be facetiming B. with J. frequently and depending how long I stay, B. will come down to visit us at some point.

But one day at a time for now. I really appreciate you guys and all you’ve done to support me and push us through this. It’s been a long haul but it’ll be ok one day. [ 24 ] J.A.J. asks A.B. to promise she will keep B.J. and J. connected despite their differences, as they were “both darn good parents”. A.B. responded: I promise that will always be my main priority. I want them to have a good relationship so badly. I want [B.] to be his role model and look to him for guidance. And I know B. can be that dad. Because he is a great dad.

[ 25 ] On July 7, 2021, A.B. called MCFD and complained that she was trying to leave B.J., but he would not allow her to go: Exhibit 4, Tab 3, pp. 7 – 8. A MCFD Social Worker (“SW”) referred A.B. to the Family Justice Centre and the Elizabeth Fry Society (“EFRY”). When she made this call, A.B. had been living in Kelowna with J. since June 29, 2021. In her initiating complaint, A.B. told MCFD: a. B.J. was “emotionally abusive”, jealous, dishonest, “very controlling”, and mentally unstable; b. B.J. is jealous and engages in stalking behaviour, including cyber stalking on her social media page; c.

B.J. isolates A.B., demeans her, humiliates her, and blames her when anything goes wrong; d. B.J. has angry outbursts in front of J.; e. In a fit of rage, B.J. “will hurt himself by punching walls”; f. A.B. does all the parenting and B.J. has never cared for J.; g. A.B. has no plans of reconciling with B.J.; h. B.J. will not allow her to leave the relationship; i. When A.B. told him she wanted to leave him, B.J. said he would kill himself or take J. away from her; j. A.B. wants to co-parent with B.J. in a healthy way and she wants B.J. to have a relationship with J.; and k.

B.J. has never been physical with her. [ 26 ] A.B. called MCFD again on July 14, 2021, at which time SW Virk advised her MCFD had not opened a case file: Exhibit 4, Tab 3, p. 9. MCFD sent A.B. a letter on July 14, 2021, advising her “the matter appears to be related to custody and access” and not a child- protection matter. SW Doucette “strongly recommended” A.B. seek legal advice. SW Doucette told A.B., “No further Ministry involvement is required at this time.

Your file has now been closed” (See Exhibit 4, Tab 3, p. 11). [ 27 ] On July 15, 2021, B.J. received a text message from A.B. stating she is ending their relationship. She states: My Sweet Hey, I'm sorry I can't put this off any further. I tried so hard to leave you in person and through talking. I was hoping we could’ve worked something out. But I do not feel safe around you, and I know that it's my job to ensure J.’s safety 100% of the time. I am scared for J. to be exposed to some of the things you do and say. The way you treat me is unacceptable and has caused my mental health to deteriorate.

I need to be on my game all the time for our baby. I am worried about you. Please take sometime to digest, because I really think we can make something work for the near future if you continue to work on your mental health. Which I am doing as well. But you need to be better for your self. Once you can be ok inside, you will have so much freedom in life. I’m sorry. I can't keep telling you I love you, when I'm truly scared. I know kelowna will offer J. the most and best opportunities, and a wonderful life. I will always speak nicely of you and ensure your relationship with J. is encouraged.

That being said, I will keep him safe if I feel something is putting him in harms way. He is the main priority, and so far, its been all about B. See B.J.’s August 5, 2021 Affidavit (CEIS 2); A.B.’s November 24, Affidavit (CEIS 15). [ 28 ] On July 24, 2021, A.B. and her father H.B. came to B.J.’s residence in a pickup truck and U-Haul to retrieve A.B.’s belongings. A.B. did not bring J. with her in order to facilitate a visit between J. and B.J. at that time. [ 29 ] On July 28, 2021, A.B. called MCFD again: Exhibit 4, Tab 3, p. 4.

SW Leslie referred her to legal aid and advised A.B. she would call B.J. the following day. A.B. told SW Leslie: a. she wanted a protection order; b. there was no physical abuse to her or J. but there was “mental abuse”; c. B.J. would punch holes in walls, threaten to kill himself, and J. would see this; d. B.J. smokes a lot of pot, and would walk away from J. crying to go get high; and e.

B.J. had “no parenting skills, no coping skills, and doesn’t see an issue with his behaviour”. [ 30 ] As a result of A.B.’s ongoing allegations of B.J. abusing or neglecting J., MCFD initiated an investigation of J.’s circumstances. MCFD SW Leah Leslie interviewed A.B., B.J., J.A.J., and Bruce Landon. MCFD conducted a home visit of both A.B.’s residence and B.J.’s residence: Exhibit 4, Tab 3. [ 31 ] On August 5, 2021, B.J. filed an Application About Priority Parenting Matter (CEIS 1: see Exhibit 5, Tab 4). B.J. sought an order relating to A.B.’s changing the location of J.’s residence.

At the time she relocated J. to Kelowna, there were no written agreements or orders respecting parenting arrangements for J. Up until the date of their separation, J. had lived with both his parents in Quesnel. B.J. contended that A.B.’s change of J.’s residence could reasonably be expected to have a significant impact on J.’s relationship with B.J. (as set out in s. 46 of the Family Law Act ). In his application, B.J. sought the following orders: a. Immediate shared 50/50 custody with A.B. of J.B.V.J., [alternating] 14 day periods, 14 th day being used as a travel day;

b. Immediate shared 50/50 living arrangements with J.B.V.J. until A.B. is proven clean of drugs; c. A.B. must continue to reside in Kelowna to have her parents for support for her mental health and support raising J.; and d. A.B. will notify B.J. of a change of address or contact information before the change takes place. [ 32 ] B.J. based his application on the following alleged facts: a. A.B. relocated with J. without notice, or B.J.’s consent, with no parenting plan in place; b. On June 29, 2021, A.B. took J. to visit A.B.’s family in Kelowna, with four hours’ notice to B.J.; c.

On July 15, 2021, B.J. received a text message from A.B. stating she was ending their relationship and was not willing to discuss parenting arrangements or shared parenting time. After this, B.J. had limited contact with J.; d. On July 23, 2021, A.B. sent a text message asking B.J. if he would be home on July 24, 2021, so she could come to the home and retrieve her and J.’s belongings; e. On July 24, 2021, A.B. and her father arrived in his pickup truck and U-Haul trailer to retrieve A.B.’s and J.’s belongings. A.B. did not bring J. with her at this time; f.

On July 25, 2021, A.B. sent a text message to B.J. asking he pay her $600 per month for child support; g. Between July 15, 2021, and July 31, 2021, B.J. had limited contact with J. He had a total of 68 minutes with J. on FaceTime; h. B.J. was concerned about A.B.’s recent relapse using methamphetamines; i. B.J. was concerned about A.B.’s mental health and wellness, as well as J.’s health, wellness and safety; j. B.J. had arranged care with J.’s grandparents (J.A.J. and G.J.) when he worked his nightshifts and dayshifts.

On his two nightshifts, “grandma or grandpa” will come over before B.J. leaves for work (at 4:30 p.m.) and will stay with J. overnight, ensuring he sleeps in his own bed as much as possible; and k. B.J. has never been investigated by the Ministry of Child and Family Development or the RCMP regarding a family law matter. [ 33 ] In support of his August 5, 2021 Application About Priority Parenting Matter, B.J. filed an Affidavit (CEIS 2) advocating for a shared parenting arrangement. He attached to this affidavit a letter of support from his parents.

He points out his father is retired and his mother is semi-retired, working only nine hours per week and has a flexible work schedule. J.A.J. and G.J. are willing to provide any childcare necessary to “ensure J. is happy, feels safe and loved”. They are also willing to take J. to various appointments, activities and visits. B.J. states that during their relationship: a. A.B. was always supported by his parents and grandparents, providing unconditional support, a listening ear, help with J.'s childcare, or providing a vehicle whenever needed; b.

His aunts out of town tried to stay connected to A.B. by phone, email, texting and messaging; c. A.B. always had the freedom to come and go as she wanted; d. A.B. enjoyed the company of his friends but never really made any friends in Quesnel on her own through work or otherwise; e. A.B. never included B.J. on any of her trips home to see her parents. For every visit she made to Kelowna since J. was born, A.B. said she needed to be on her own; f. B.J. e-transferred A.B. funds when she asked; g. A.B. always blamed him for something; and h.

A.B.’s home life became difficult with the onset of the COVID-19 pandemic. [ 34 ] On August 9, 2021, B.J. filed a Form 4 Financial Statement (CEIS 3) in which he indicated he worked at [omitted for publishing] in Quesnel, BC, and earned a Guideline income of $59,793 (2020). [ 35 ] Upon receiving a copy of A.B.’s Application About Priority Parenting Matter, A.B. sent B.J. a text on August 9, 2021, stating: I fucking hate you You are a fucking garbage monster You never loved me or your fucking child [ 36 ] On August 15, 2021, B.J. began paying to A.B. $600 per month for child support for J. [ 37 ] On August 16, 2021, A.B. filed and served B.J. with a Written Response to Application (CEIS 5, 9: See: Exhibit 5, Tab 5) in which she alleged: a.

A.B. feared for her own safety and that of J. if she remained in the family home;

b. A.B. gave B.J. the choice of moving out of the family home in Quesnel, which he refused to do, so she relocated to Kelowna to live with her parents on their acreage; c. B.J. was emotionally unstable and subject to violent outbursts, suicide and self-harm; and d.

A.B. sought an order that if B.J. was to have any parenting time, it was to take place in Kelowna, and that it be professionally supervised by A.B. [ 38 ] Also on August 16, 2021, A.B. filed and served B.J. with a Form 4 Financial Statement (CEIS 4, 9) and her affidavit (CEIS 6) in support of her yet to be filed Application About a Protection Order: Exhibit 5, Tab 13. [ 39 ] In her August 16, 2021 Affidavit (Exhibit 5, Tab 13), A.B. asserted B.J. suffers from a plethora of psychosis, neurosis, personality disorders and dysfunctions.

Specifically, A.B. says, among other things, B.J.: a. has frequent bouts of uncontrollable anger followed by memory loss; b. often threatens suicide and inflicts self-harm; c. commits acts of violence toward “random objects”; d. suffers panic attacks and is unable to control his stress; e. victimizes A.B. with his obsessive, controlling, harassing, humiliating and abusive behaviours; f. demeans, belittles and overwhelms A.B. in an effort to control her, demoralize her, and break her down; g. neglects his family, including J., in preference to smoking cannabis; h. forced A.B. to use all of her income to pay basic household expenses such as food, groceries, utilities, etc., while B.J. used his paycheque to make his truck payments and purchase cannabis; i. is unstable, manipulative, moody, selfish, lazy, needy, overly dependant on his mother, and a notorious liar; j. acts rashly and carelessly, taking unnecessary risks with J.; and k. neglected her cat L. when she left her in his care when she relocated to Kelowna. [ 40 ] On August 24, 2021, B.J. filed an affidavit (CEIS 10) in response to A.B.’s affidavit (CEIS 6).

In this affidavit, B.J. filed correspondence from his counsellor Bruce Landon confirming B.J.’s attendance at counselling sessions between June 22, 2021, and August 9, 2021: Exhibit 4, Tab 1. Mr. Landon states: Based on information from our sessions you seem to have accepted the change in your couple’s relationship and appear focused on maintaining an ongoing relationship with your child in the future. [ 41 ] B.J.’s application came before me for hearing on August 25, 2021, in Quesnel Provincial Court. B.J. was represented by his legal counsel Ms. H. Zetzsche. A.B. was represented by duty counsel Ms. S. Grattan.

At that time, the parties entered an interim without prejudice consent order (CEIS 11; See: Exhibit 5, Tab 6) on the following terms: 1. Pursuant to s. 46(2) of the Family Law Act , A.B. will not change J.’s residence from [omitted for publication], Kelowna, British Columbia, without first obtaining the written consent of B.J. or further court order; 2. Pursuant to s. 225 of the Family Law Act , the parties will communicate with each other only through written communication which will include text messaging or email regarding parenting arrangements and issues in regard to J.; 3.

B.J. shall have reasonable telephone and electronic communication with J. no less than four times per week at such dates and times as the parties may agree; 4. This matter is referred to the Judicial Case Manager to

schedule a one-half day hearing on the issue of interim parenting arrangements; and 5. B.J. will file a Form 3 Application About a Family Matter and A.B. will file a Form 6 Reply and Counterclaim Application as set out in the Provincial Court Family Rules . [ 42 ] On September 15, 2021, Ms. H. Zetzsche filed with the Quesnel Court Registry a Notice of Lawyer (CEIS 12), indicating she was legal counsel for B.J. On October 1, 2021, Remy C.

Ventura filed a Notice of Lawyer (CEIS 13), indicating she was legal counsel for A.B. [ 43 ] On September 27, 2021, MCFD records note that Team Leader Smith was consulted to close the MCFD file on A.B.’s reported protection concerns with respect to B.J.’s parenting time with J. MCRD records confirm: a. MCFD found no s. 13 CFCSA concerns and B.J.’s home visit was completed [Section 13 of the CFCSA sets out when a child is in need of protection]; b. there were no concerns noted;

c. there was no evidence of holes in the walls; d. there was no child living in B.J.’s home; e. the “collaterals” were completed with no concerns; and f.

B.J. had participated in counselling on his own initiative. [ 44 ] Also on September 27, 2021, SW Leslie advised both B.J. and A.B. that based on the results of her investigation, J. was not in need of protection: Exhibit 4, Tab 3. [ 45 ] On October 13, 2021, the Judicial Case Manager scheduled (CEIS 14) A.B.’s August 5, 2021 Application (CEIS 1) for a two and one-half hour hearing on December 1, 2021. [ 46 ] On November 24, 2021, A.B. filed an Affidavit (CEIS 15; Exhibit 5, Tab 14), in which she reiterates her discontented relationship with B.J.

She described B.J.’s behaviour towards her variously as controlling, coercive, isolating, exhausting, demanding and dictatorial. A.B. asserts B.J.’s injuries to his hand occurred during one of his many “angry outbursts” during which he screamed, threw objects, punched walls, and threatened A.B. (p. 25). A.B. estimates B.J.’s “frightening rages” “occurred about ten times per month and lasted anywhere from ten minutes to several hours”. The outbursts would typically end with B.J. smoking cannabis in order to calm down.

A.B. claimed (at para. 22) that B.J. “would become so angry that he would punch the wood panelled walls of our home. On these occasions he often bruised himself and once dislocated a finger”. She states at paragraphs 32: 32. The impact of the domestic abuse that I endured permeates most aspects of my day-to-day life. I feel like a shell of my former self. I struggle with anxiety and low self-esteem after being consistently put down and being made to feel worthless. I am cautious with my movements, afraid to be abrupt, get in anyone's way or attract too much attention.

I have a habit of apologizing profusely and feel a perpetual sense of guilt just for existing and taking up space. I fear disappointing others and therefore keep mostly to myself. If something reminds me of B. and the way he treated me, I will either freeze in my tracks or become emotional. I often have nightmares. 33. Up to the present, B. continues to text me and reach out to me on issues outside of parenting, continuing to put me down. He tells me that I must be mentally unstable if I am fearful of him. He constantly questions my sobriety as a way to undermine my parenting.

B. uses video calls with J. as an opportunity to further demean and gaslight me. He tells me that my experience as a victim of domestic abuse is imagined. [ 47 ] On November 29, 2021, the parties attended a Judicial Case Conference in Supreme Court. B.J. agreed, on an interim without prejudice basis, to pay to A.B. $600 per month for child support commencing December 15, 2021, if J. continued to reside full time with A.B. He also agreed to pay to A.B. $300 each month as spousal support.

Shortly thereafter, B.J. agreed to increase the child support paid to A.B. for J. to $661 per month. [ 48 ] On November 30, 2021, B.J. filed an Affidavit (CEIS 16; Exhibit 5, Tab 15) responding to A.B.’s August 16, 2021 Affidavit (CEIS 6) and her November 24, 2021 Affidavit (CEIS 15). B.J. disputed almost all of the allegations contained in A.B.’s two affidavits. He agreed only with paragraphs 2, 3 and 34 of A.B.’s November 24, 2021 Affidavit, wherein she states that, (

a) she and B.J. began residing in a marriage-like relationship on or about January 2017 and separated on July 15, 2021; (

b) A.B. and B.J. were [omitted for publication] years old in November 2021; and (

c) J. is a child of their relationship. B.J. also agreed that A.B. was J.’s primary caregiver, but that he spent as much time with J. as he could while working full time. [ 49 ] B.J. provided the court with A.B.’s text messages sent to him and his mother that are inconsistent with A.B.’s accusations. For example, B.J. attaches a text message from A.B. telling him not to FaceTime J. during his bath time.

The following day, when B.J. did not FaceTime J. during his bath time as requested, A.B. sent him a text saying, “Looks like you don’t care about seeing your child anymore”. [ 50 ] On December 1, 2021, B.J. filed an Application About a Family Law Matter (CEIS 17), seeking the following orders: FLA PICK LIST ORDERS A1 – J.B.V.J., born [omitted for publication] B1 - both parents are guardians (living together when child born) B8 - equal responsibility with parental responsibilities B15 - equal parenting time with exchange every 14 th day B34 - specified telephone and electronic communication for parent when child with other parent B51 - parties exchange child ½ way in [omitted for publication] at the Tim Hortons B54 - comply with covid protocols C16 - A.B. not change her residence without either B.’s written consent or court order D31 – B. continue with counselling with Bruce Landon and provide confirmation of attendance to the court D31 – A. attend counselling regarding her mental health and illicit drug use and provide confirmation of attendance to the court D40 - drug testing of A. to a max of 6 times each calendar year upon being given notice by B. via text and within 72 hours attend at

recognized drug test facility and supply samples for testing and within 48 hours or receipt of results forward results to B. D41 – B. shall initially pay for costs of all tests subject to any court order who ultimately responsible for the cost D42 - refusal to take test may lead court to take adverse inference D44 – A. no illicit Drugs 24 hours before and during parenting time B55 - income finding for each parent B61 – B. pays child support if child majority of time with A.

B64 - shared child support if shared parenting time See: Exhibit 5, Tab 1. [ 51 ] By December 1, 2021, B.J. had not seen J. in person since A.B. relocated him to Kelowna on June 29, 2021. [ 52 ] On December 1, 2021, B.J.’s August 5, 2021 Application About a Priority Parenting Matter (CEIS 1) came before Judge V. Galbraith for hearing. B.J. and his legal counsel Ms. Heidi Zetzsche appeared in person. A.B. appeared by telephone and represented by her legal counsel Ms. Remy Ventura, who appeared by MS Teams. The remote connection was very poor.

When the oral hearing adjourned, counsel for the parties agreed to file written submissions. Counsel for A.B. filed her Closing Submissions on December 8, 2021 (CEIS 18) and counsel for B.J. filed Closing Submissions on December 10, 2021 (CEIS 19). [ 53 ] Judge Galbraith filed his Reasons for Judgment on December 14, 2021 (CEIS 20; See: Exhibit 5, Tab 7), in which he commented: . . . [3] These are far from ideal circumstances.

The issue was not explored in depth and particularly with A.M.B. appearing by telephone issues of credibility are difficult to resolve. [4] However, the parties wanted a decision sooner rather than later. In that vein, this decision is going to be short.

I do however want to be clear for any future re-examination of this issue that my decision is based upon brief evidence presented in a less than perfect manner and so should not be taken as establishing any long term status quo. . . . [17] Given the nature of this proceeding, that it was very short, conducted primarily by affidavit and A.M.B. did not personally appear it is next to impossible for the court to determine issues of credibility. . . . [22] As noted in the beginning of this decision, it is made under significantly limiting factors, however, in these circumstances, where J.J. has not seen B.E.J.J. for several months it was more important to have some order in place, even one based on less than perfect evidence. [23] Due to the limitations of this hearing I am going to err on the side of caution.

I appreciate that B.E.J.J. denies any family violence, however the nature of this hearing makes it nearly impossible to address the conflict in the evidence. The order I am making is, I hope, the best short term compromise that will permit J.J. to re-establish the relationship with his father but reduce the risk of his exposure to family violence. . . . [ 54 ] Judge Galbraith made the following interim order on December 14, 2021 (CEIS 23), which was filed on January 24, 2022: 1.

B.E.J.J.’s parenting time with J.J., born [omitted for publication] (“J.”) shall be supervised by either G.J. or J.A.J. or another person agreed between the guardians; 2. B.E.J.J.’s parenting time shall be as follows: a. Four consecutive days in Kelowna, BC as set out below (“Block One”) i. Day one will be for a duration of 2 hours, ii. Day two will be for a duration of 2 hours, iii. Day three will be for a duration of 4 hours, iv. Day four will be for a duration of 6 hours, b. B.E.J.J.’s parenting time after Block One shall take place in Quesnel, BC as follows: i.

B.E.J.J. shall exercise parenting time every other 4-day period that he is off work, amounting to 4 consecutive days of parenting time in every 16 days.

ii. If B.E.J.J. is working and on his regular 4 on/4 off schedule, his parenting time will commence on his first day off that falls seven days after the date of this order. iii. If B.E.J.J. is not working, his parenting time will commence seven days after the date of this order iv. B.E.J.J. and E.M.B. shall exchange J. in [omitted for publication], BC, at 12:00 noon. c. The parties may agree to an alternate

schedule or such other parenting time at dates and times agree between the parties; 3. Beginning after Block One, B.E.J.J. will provide a copy of his work

schedule to A.M.B not less than one month in advance of his parenting time. [ 55 ] On December 17, 2021, the Judicial Case manager scheduled B.J.’s Application About a Family Law Matter (CEIS 17) for a Family Management Conference on February 23, 2022 (CEIS 21; 22). JANUARY 2022 [ 56 ] B.J. was to have parenting time with J. on January 6, 7, 8 and 9, 2022. He says he only had parenting time on January 7, 8 and 9, 2022. A.B. says she thought J.’s birthday party was on January 6, 2022. She contacted B.J. and he agreed to start his visits on January 7, 2022, instead of January 6, 2022.

B.J. and his parents booked a suite in a hotel in Kelowna where B.J. exercised his graduated parenting time supervised by J.A.J. [ 57 ] During “Block One”, A.B. was not residing with her parents contrary to my August 25, 2021 Order. She was living in the neighbouring residence, where she was housesitting. I do not consider this a significant breach of the August 25, 2021 order, as A.B.’s parents were generally close at hand. In any event, B.J.’s parenting time in Block One in January 2022 seems to have gone reasonably well.

For the most part, B.J. exercised his parenting time with J. in the presence of both J.A.J. and G.J. On the last day, with A.B.’s consent, B.J. exercised parenting time with J. at A.B.’s residence with only A.B. present. In other words, A.B. was content to be alone with B.J. during this period. [ 58 ] B.J. was to have parenting time with J. again on January 26, 27, 28 and 29, 2022. A.B. denied B.J. parenting time with J. all four days. A.B. justifies withholding parenting time on the basis she “did not have sufficient notice” and did not have B.J.’s most up-to-date work schedule.

In her text message to B.J. sent on January 18, 2022 at 10:14 (Exhibit 4, Tab 5, January 26-29 Exchange, p. 1/3), A.B. states: I was reviewing the most recent

schedule you provided me for work. It says you work January 26 th . Therefore your request for visitation that day was unexpected. I have plans for him in that time frame. In reference to the court order, you must provide an updated work

schedule no less than one month before scheduling a visit. Please send updated

schedule and we can plan for next month. Please provide confirmation and proof that all residence [sic] including future residence [sic] are fully vaccinated. [ 59 ] I pause to note that B.J. had appended to his November 30, 2021 Affidavit (CEIS 16) a copy of his BC Vaccine Card, as well as those of his parents, J.A.J. and G.J. [ 60 ] A.B. did not disclose what “plans” she had with J. or why they could not be changed to accommodate J.’s parenting time with B.J. [ 61 ] On January 22, 2022, at 20:20, B.J. sent to A.B. the following text message: Can we please talk about our plan that we agreed to?

I’d really like to see J. again and I don’t want to have to continue to battle this in court more than needed. We agreed on the 26 th and I am following the court orders. Please confirm you’ll meet me in [omitted for publication] on the 26 th of the month. I’d really appreciate not having to go through the lawyers again. It’s much easier if we can just communicate for J.’s sake and our sake. [ 62 ] A.B. responded (on January 22, 2022): I did not agree to that. Everything has changed now. You have done nothing to help the situation. You have done nothing to make anything easier on me.

You have recently devastated me. And I know you couldn’t care less. But you did not provide me with a new copy of your

schedule till the 21 st . I’ll double check the date. It is in the order that I am to have no less than a months notice of

schedule changes. We can plan for next month. I will be presenting my voice recording to the judge in any future court hearings as evidence as to why J. and I are in Kelowna. Then at least someone will see J. will be suffering in a car for 28 hours a month because of your choices. You seriously need to give me a chance to recover and figure out what to do. I need K.’s vaccine passport and anyone else in the house including B.L. kid. [ 63 ] As indicated previously, B.J.’s first visit in Block One with J. in January 2022 went relatively well. Subsequently, A.B. learned that B.J. had re-partnered with B.L.

B.J. and B.L. were former friends and schoolmates. They started dating in August 2021, and began cohabitating in December 2021. When A.B. learned of this relationship, her willingness to facilitate B.J.’s parenting time with J. vaporized. She refused to agree to any alternate

schedule or alternate parenting time to accommodate B.J.’s unanticipated crew changes at work. [ 64 ] On January 31, 2022 at 08:07, B.J. sent to A.B. the following text message: Are you willing to talk about meeting me in [omitted for publication] so I can have J. these days off? [ 65 ] A.B. responded to B.J.’s text message on January 31, 2022 (at 8:07):

It’s not that I’m not willing. It’s not enough notice. I have an app for him and I have a couple meetings this week. Plus, your

schedule changed not long ago, so like I said before. I need a months notice, as it’s opposite completely to what it used to be. Stop contacting me in the morning. It ruins my whole day. FEBRUARY 2022 [ 66 ] On February 1, 2022, A.B. filed with the Quesnel Provincial Court Registry a Notice of Removal of Lawyer for Party (“Ms. Remy Ventura”), indicating her new address for delivery was her residence at [omitted for publication], Kelowna BC (see CEIS 24). [ 67 ] B.J. was to have parenting time with J. on February 11, 12, 13 and 14, 2022. A.B. testified that she refused parenting time because: (

a) he gave “short notice” again; (

b) she believes she had a couple of appointments that week, and; (

c) she recently found out that B.L. and her child were now living with B.J.: September 9, 2022 transcript, p. 5, ll. 35-46. A.B. testified on June 5, 2023, that of these three excuses, having a “stranger” (i.e., B.L.) in the house was the most significant. A.B. agrees there was nothing in Judge Galbraith’s order that permitted her to change parenting time on what she determined to be a change in circumstance. [ 68 ] On February 16, 2022, A.B.’s new legal counsel Ms. Kendra Ashton filed with the Quesnel Provincial Court Registry: a. A.B.’s Application About a Protection Order (CEIS 25; Exhibit 5, Tab 8); b.

A.B.’s Reply and Counterclaim (CEIS 26; See: Exhibit 5, Tab 2); and c. A.B.’s Form 4 Financial Statement (CEIS 27). [ 69 ] In her February 6, 2022, Application About a Protection Order (CEIS 25), A.B. claimed that both she and J. required protection from B.J. She sought orders prohibiting B.J. from attending at their residence, school, place of employment, or childcare facility.

A.B. attached to her application (CEIS 25) the June 28, 2021 Transcript. [ 70 ] A.B. filed her Application About a Protection Order notwithstanding the fact her interactions with B.J. during his Block One visits in Kelowna were reasonably amicable and she was comfortable being alone with him and J. on January 9, 2022, in the home she were she was housesitting. [ 71 ] In her Reply and Counterclaim (CEIS 26), A.B. opposed B.J.’s application for parenting arrangements set out in his December 1, 2021 Application (CEIS 17).

A.B. counterclaimed for child support and spousal support (despite having claimed and received child support and spousal support in Supreme Court). A.B. claims that she has been the primary caregiver for J. since his birth and that B.J. had minimal involvement with J. even during the currency of their relationship. A.B. proposes that she continue as J.’s primary caregiver, asserting: a. B.J. is unable to attend to J.'s day-to-day needs; b. B.J. is unable to attend to his own daily needs; c.

Due to the history of family violence perpetrated by B.J.: i . shared parenting time is not feasible or in J.'s best interests; ii . cooperation between the parties is challenging and demands that one party have the ability to make the final decision in the event of a disagreement, and A.B. ought to be the final decision maker; iii . B.J. is unable to attend to J.'s daily needs. d. The parties ought to share all

section 41 parenting responsibilities with J. under section 40(3)(

a) of the Family Law Act ; e. A.B. will consult with B.J. regarding any decisions of a significant nature and in the event of a disagreement, A.B. will make the final decision and B.J. will have the ability to apply to court for a review of that decision pursuant to s. 49 of the Family Law Act ; f. Equal parenting time is not in J.'s best interest as the child needs as much stability as possible at this time; g. Equal parenting time is challenging given the parties live in different communities approximately six hours apart. It is not in J.'s best interest to travel back and forth as an equal parenting-time

schedule would require; h. B.J. works a rotating

schedule that makes equal parenting time challenging and would require the child to be with a third-party caregiver for extended periods of time; i. B.J. will have parenting time in Kelowna, at dates and times agreed to between the parties or set in alignment with B.J.’s work schedule; j. B.J.’s parenting time will be supervised by an agreed upon supervisor which may include a professional supervision agency with the cost borne by B.J.; k. The current arrangements require J. to travel 12 hours by vehicle every 16 days. This is not in J.'s best interest.

Given A.B. resides in Kelowna, it would be best for B.J. to exercise his parenting time in Kelowna; l. There is no evidence to warrant orders that A.B. will not follow COVID protocols; and m. A.B. has maintained her sobriety and there is no need for drug testing or counselling for mental health and/or substance-use issues.

[ 72 ] In her February 16, 2022 Form 4 Financial Statement (CEIS 27), A.B. declared her total income for 2020 as $24,596, consisting of social assistance and the Child Care Benefit (formerly the “Child Tax Benefit”). A.B. states her sole source of income for 2021 is also from social assistance and the Child Care Benefit. She estimates her annual expenses to be $24,684. [ 73 ] On February 22, 2022, B.J. filed a Written Response to Application (CEIS 29; Exhibit 5, Tab 9). B.J. sought conduct orders and opposed A.B.’s Application about a Protection Order (CEIS 25).

A.B. had not alleged any incidents of family violence since she left for Kelowna on June 29, 2021. [ 74 ] On February 23, 2022, B.J.’s Application About a Family Law Matter (CEIS 17) came before Judge Mengering for a Family Management Conference in Quesnel Provincial Court. B.J. appeared represented by his legal counsel Ms. H. Zetzsche. A.B. appeared represented by her new legal counsel Ms. K. Ashton. Judge Mengering made a final order that B.J. and A.B. are J.’s guardians under s. 39(1) of the Family Law Act and an interim order : Varying B.J.'s parenting time as set out in paragraph 2(

b) of RAJ Galbraith’s December 14, 2021 Order as follows: A. B.J. shall have specified parenting time from February 27, 2022 to March 2, 2022, with pick up and drop off by B.J. at the Tim Hortons located at [omitted for publication] in Kelowna, BC; B. B.J. shall have specified parenting time from March 15, 2022 to March 18, 2022, with the exchange at [omitted for publication], BC, as set out in paragraph 2(b)(iv) of RAJ Galbraith’s December 1, 2021 Order; and C.

Parenting time thereafter as set out in RAJ Galbraith’s December 1, 2021 Order ; A.B. shall provide partial compensation to B.J. for his travel costs to and from Kelowna, BC for his February 27, 2022 to March 2, 2022 visit, in the amount of $150 payable by A.B. to B.J. via e​transfer on or before March 3, 2022.

See: CEIS 30; Exhibit 5, Tab 10. [ 75 ] Judge Mengering also directed the Judicial Case Manager to set a protection order hearing on A.B.’s February 16, 2022 Application About a Protection Order (CEIS 25) no sooner than March 9, 2022, and a four-day hearing on B.J.’s Application About a Family Law Matter (CEIS 17) and A.B.’s Reply and Counterclaim (CEIS 26), regarding guardianship, parenting time, parenting responsibilities, and child support. MARCH 2022 [ 76 ] B.J. also had parenting time with J. from February 27 to March 2, 2022.

It was during this visit that B.L. first met J. [ 77 ] A.B. did not withhold J. from B.J.’s court-ordered parenting time in March 2022; however, their exchanges were fraught with discord. B.J. said when he picked him up, J. was shoeless and covered in urine. He had an inch-long scar on his forehead above his right eye.

When he returned J. into her care, A.B. ran towards B.J., tore J. out of his arms and returned to her vehicle without giving B.J. an opportunity to say his goodbyes to J. [ 78 ] Below is a series of text messages B.J. and A.B. exchanged on February 27, 2022: Date/Time FROM TO Message Feb 27, 2022 at 8:14 BEJJ AMB We’re headed out of Quesnel now, will let you know when we arrive in [omitted for publication] Feb 27, 2022 at 11:18 BEJJ AMB Were in [omitted for publication], let me know when you guys are here Feb 27, 2022 at 11:53 AMB BEJJ Didn’t see you Feb 27, 2022 at 11:54 BEJJ AMB We are at the lodge in a dark blue Hyundai suv Feb 27, 2022 at 11:18 AMB BEJJ If your gf is there I’m going home and taking J. with me Feb 27, 2022 at 11:55 BEJJ AMB She’s not with us Feb 27, 2022 at 12:07 AMB BEJJ If your seat won’t fit him give him back Feb 27, 2022 at 16:47 BEJJ AMB We’re back in Quesnel Feb 27, 2022 at 16:47 AMB BEJJ Did you give him lunch Feb 27, 2022 at 16:48 BEJJ AMB Yes Feb 27, 2022 at 16:53 AMB BEJJ You will meet us in [omitted for publication] at noon on the 2 nd .

That way the travel distance is even Feb 27, 2022 at 17:07 AMB BEJJ If you don’t respond I’m assuming you’re agreeing. If you do not arrive in [omitted for publication] that day I will put out an amber alert and report J. as kidnapped Feb 27, 2022 at 17:11 AMB BEJJ I will be calling tomorrow at 8 am to check on J.

Feb 27, 2022 at 17:17 BEJJ AMB I will be meeting you in [omitted for publication] on the 2 nd as per court order. Stop harassing me, I am trying to give my attention to J. Feb 27, 2022 at 17:18 AMB BEJJ I’m talking to you about our son B. im [sic] calling the police now to inform them I may need them to do some wellness checks Feb 27, 2022 at 17:22 BEJJ AMB Again, I am trying to give my full attention to J. I have not had him in my care for even close to 12 hours and you are harassing me. He is safe and happy in our care. I will inform you of any emergencies or medical needs if any were to occur.

Otherwise, please stop. Have a good night Feb 27, 2022 at 17:22 AMB BEJJ I’ll call tomorrow at 8am Feb 27, 2022 at 21:02 BEJJ AMB To keep J. in routine and following our court order, we will be available for a facetime/call at 4pm tomorrow Feb 27, 2022 at 21:03 AMB BEJJ You haven’t called in 3 weeks. My routine will be to call in the morning and you will facilitate that or I’m considering it withholding contact during visitation.

I’d like to be sure your parent is supervising as well Or I can ask the police to do a wellness check as they’re aware of the situation Feb 27, 2022 at 21:38 BEJJ AMB You have me blocked on Facebook preventing me from FaceTiming for the last 3 weeks as well as filed for a protection order requesting I cannot contact you You can call tomorrow a 4pm as our routine has been. I have already informed you that one or both parents will be present. Goodnight Feb 27, 2022 at 21:40 AMB BEJJ You could have video chatted J. through your phone anytime. You just didn’t care enough to try. It’s your fault.

I’ll call at 9am at the latest. And if I do not get an answer the police will be there. Bye Date/Time FROM TO Message [ 79 ] The following day, on March 1, 2022, B.J. texted A.B. about making J. available for some FaceTime parenting time with A.B.: Date/Time From To Message Mar 1, 2022 at 12:48 BEJJ AMB Hey I didn’t hear from you for a facetime with J. yesterday like I was expecting. I’ll have my phone available at 4pm again today if you would like to facetime him on Facebook Mar 1, 2022, at 12:49 AMB BEJJ I deactivated my Facebook. And I decided because our bond is much stronger, he would be upset if he saw me.

You also denied me contact at the time that worked for me. So I have documented that. See you at noon tomorrow Mar 1, 2022, at 12:53 AMB BEJJ You will bring the documents you illegally removed from my personal file. The registration for my vehicle you took, and signed transfers for my car Mar 1, 2022, at 13:00 AMB BEJJ I assume you agree if you do not reply Mar 1, 2022, at 13:00 BEJJ AMB I do not currently have signed transfer paper for the vehicle. We will have to fill that out when you come to pick up the car.

The vehicle is currently registered in my name and therefore I will not be handing over the registration until you come to take it off of my property. After that take it [ 80 ] J.A.J. attended the transition with B.J. in this visit. They used B.L.’s vehicle because it was in better condition than B.J.’s vehicle. B.J. also believed, in fairness to his parents, they should not have to use their own vehicle for the exchanges they were required to supervise. J.A.J. says when she saw their vehicle, A.B. became instantly enraged. A.B. flew out of the vehicle in which she was travelling with her father (H.B.).

B.J. stood back and let J.A.J. handle the exchange. A.B. berated J.A.J. and B.J. about using B.L.’s vehicle. A.B. stormed back into her father’s vehicle. H.B. then confronted J.A.J. and B.J. as to why they would antagonize A.B. by using B.L.’s vehicle. J.A.J. and B.J. went back to their vehicle and watched and waited. They could hear A.B. yelling in her vehicle and J. crying. After about five minutes, A.B. came to their vehicle with J.

While holding J., A.B. began screaming at B.J., calling him a “sexually abusive monster”. [ 81 ] On March 5, 2022, B.J. contacted MCFD and expressed his concerns about A.B.’s deteriorating mental health as manifested in her erratic and worrisome behaviour. Specifically, B.J. reported that: a. A.B. was unable to regulate herself in J.’s presence; b. A.B. called him in February 2022, and was bawling uncontrollably and he could barely make out more than three of her sentences; c. When he was having a FaceTime video call with J., A.B. was in the background bawling; d.

A.B. had begun harassing and threatening and screaming at B.J.; e. A.B. was falsely accusing B.J. of neglecting J. when J. was in his care from February 27, 2022, to March 2, 2022. B.J. said A.B. accused him of returning J. with a dirty diaper that was too tight and that J. was “extremely dehydrated” and not been bathed. B.J. explained all of this was untrue. Moreover, his visits with J. were supervised by his parents. MCFD took no action with respect to this report as the social workers did not consider the reported concerns met the threshold under s. 13 of the CFCSA : Exhibit 4, Tab 3, pp. 21- 24;

f. A.B. was yelling at him during their recent exchange of [J.]; g. At the exchange, A.B. appeared unkempt. She was in her pajamas and wearing sunglasses. She appeared if she had been up for days. h. A.B.’s current behaviour in the past month or so was similar to that which she displayed when using crystal methamphetamines; i.

A.B. was house sitting for the neighbours and B.J. was concerned she was caring for J. all alone (previously she was living in a fifth wheel on her parents’ property). [ 82 ] On March 12, 2022, B.J. sent A.B. a text to confirm his March 15 – 18, 2022 parenting time, to which she responded: Date/Time To From Message Mar 12, 2022, at 21:08 BEJJ AMB Hey, just wanted to confirm us meeting at noon on the 15 th at the Lodge in [omitted for publication] to exchange J. I’ll shoot you a message when we arrive Mar 13, 2022, at 9:05 AMB BEJJ Yea I called the police on you for stalking.

You showed zero respect for me or your son last time, I tried to tell you the neglegent (sic) abuse you showed towards J. during your visit, you completely ignored me. And on top you included your gf in drop off and pick up after clearly being asked not to. And on top of that you denied me contact with my son which leaves me to believe you were not supervised the entire time. I will be speaking to a lawyer before continuing allowing your abusive and completely disrespectful actions. I will not put my son or myself through the torment you insist on causing us.

My son does not deserve to suffer at your hand any longer. I know you have never cared for anyone but you have no idea how to care for a child. He has dandruff because of you, he had swollen feet because you left marks in his legs from shoes being too tight. I’d like your blood type so I can do a paternity test Mar 13, 2022, at 10:31 AMB BEJJ My blue civic is in my name as well So you will continue to store it until I retrieve it Mar 13, 2022 BEJJ AMB I have not been contacted by the police nor have I made any attempts to stalk you.

Your allegations made towards me are extremely questionable as J. was well cared for. If you were truly concerned that J.’s foot was swollen I would hope you took him to the emergency or a doctor to have it checked out. His feet were okay and showed no signs of swelling when I put his shoes on at the gas station before walking a block to meet you. As for the other allegations, J. was well cared for. He was bathed every night, fed well and slept 12-13 hours every night. One or both of my parents were present at all times during J.’s time with me, which I have already told you previously.

I do not, in any way, have intent to come off as disrespectful to you or J. As for not allowing you access, please see the text I will be sending you where I offered multiple times for you to FaceTime J. and you stated that you would not be doing so as you believed it would upset J. It was your decision to not have contact with him during my time. The first exchange for pick up, B.L. was not present. The exchange for drop off she was as she is my support and partner A. There is nothing in our court order that states she cannot be present to help with the driving to and from [omitted for publication].

I’d like to know why a paternity test would need to be done. Are you implying you cheated on me during our relationship and that J. may not be my blood-related son. You will have to get a court order made for a paternity test. Regardless of the outcome, J. in my eyes will forever be my son. I understand if you have separation anxiety when being away from J. but that should not prevent me from seeing him and my time with him is court ordered A. You are breaking a court order by not allowing me access to J. [ 83 ] Before she would agree to deliver J. for B.J.’s parenting time on March 14, 2022, A.B. demanded: (

a) B.J. to be in either his father’s or his mother’s vehicle; (

b) B.L. not be present; (

c) B.J. was to send his child support to her “immediately”, even though he pays it through FMEP at A.B.’s insistence and he was not in arrears. A.B. and B.J.’s relevant text messages are set out below: Date/Time From To Message Mar 14, 2022 at 19:08 AMB BEJJ You will be in either your dad or your mom’s vehicle for pick up tomorrow. You will be alone with either or both of your parents and I’ve spoken to your lawyer about that issue. And I will be making sure you leave [omitted for publication] without stopping to pick her up again. You will give J. sufficient water and get him proper sleep.

His is extremely important if you’re going to continuing forcing a 2 year old to travel this frequently. Do not over dress him as you did last time. And I will leave an outfit you can put him in for the car ride as I do not want any more of your garbage in his suitcase Mar 15, 2022 at 00:11 AMB BEJJ Send child support so I can fill up my mom’s car before the morning Mar 15, 2022 at 08:09 AMB BEJJ If you don’t reply I’m assuming you’re not coming to meet me

Mar 15, 2022 at 8:11 BEJJ AMB We will be leaving Quesnel in 20 minutes Mar 15, 2022 at 08:11 AMB BEJJ Send child support now Mar 15, 2022 at 08:24 AMB BEJJ And confirm you will be in one of your parents vehicles Mar 15, 2022 at 8:55 AMB BEJJ If you are in her car we will turn around and go home Mar 15, 2022 at 10:08 AMB BEJJ If you don’t send child support immediately we have to turn around because we don’t have gas Mar 15, 2022 at 10:38 AMB BEJJ K we are turning around Mar 15, 2022 at 11:29 BEJJ AMB We’ve arrived at the lodge in [omitted for publication] Mar 15, 2022 at 11:32 AMB BEJJ You need to send child support immediately and confirm what vehicle you are in Mar 15, 2022 at 11:35 BEJJ AMB Court order is 12:00pm at the lodge in [omitted for publication].

We are here early but hope to see you soon Mar 15, 2022 at 11:36 AMB BEJJ You need to send child support immediately and confirm what vehicle you are in If you are in her vehicle and don’t send it by noon we are turning around Mar 15, 2022 at 11:40 BEJJ AMB Again, court order is 12:00pm at the lodge in [omitted for publication]. My mom and I are here ready to get J. Child support will be sent today as per the court order Mar 15, 2022 at 11:41 AMB BEJJ She should stay in the car cause she’s just as much a traitor as you are. Send child support now and be a big boy.

You are incredibly rude and inconsiderate Mar 15, 2022 at 11:43 BEJJ AMB Again, court order is 12:00pm at the lodge in [omitted for publication]. My mom and I are here ready to get J. Child support will be sent today as per the court order Mar 15, 2022 at 11:44 AMB BEJJ I love how self incriminating you are with how uncooperative you are. You’ve already gone against court orders, you’re criminally stalking me and this will all find you very soon.

You do a great job at making yourself look like a huge jerk Mar 15, 2022 at 11:44- 11:45 AMB BEJJ K were turning around You’re not getting him till you send it period I’ll be contacting your lawyer cause I’m done with how immature you are. Such a child Mar 15, 2022 at 11:50 BEJJ AMB I do not want to engage in this. J. should be our priority. I’ll send the money now. See you by noon at the lodge Mar 15, 2022 at 11:51 AMB BEJJ Good choice And you’ve already made it 100% clear that you don’t care about J. in the slightest Mar 17, 2022 at 14:16 BEJJ AMB Afternoon.

J. just woke up from his nap so I though I’d let you know I’ll have him and my phone available for FaceTime at 4pm if you’re wanting to do so. Either way, just confirming the exchange for tomorrow at noon in [omitted for publication]. I believe for J.s best interest it would be ideal for neither of us to be present during the actual exchange portion. I will have my parents exchange him with yours for his safety due to the most recent exchange. Your emotions take a toll on J. and I do not want to see that occur again. I will be dropped off just outside of [omitted for publication].

Thanks Mar 17, 2022 at 14:18 AMB BEJJ Confirmed. You were being extremely insensitive with your actions. And you did it to hurt me. That’s on you Mar 17, 2022, at 15:30 BEJJ AMB With all due respect, I in no way intended to upset you. B.L. was not present at the exchange. If a vehicle causes you to react emotionally distressed in front of J. than I believe it to be in J.’s best interest for you to not be present at the exchange. We will be continuing to use B.L.’s SUV due to rising gas prices and for reliability/safety reasons Mar 17, 2022, at 15:32 AMB BEJJ You believe what you want to believe.

This is a great example of how you’ve always treated me. I’ll be there at 12 tomorrow Mar 17, 2022, at 15:37 AMB BEJJ Also if you’d like to actually save on gas, the corolla has better mileage Mar 17, 2022, at 15:56 BEJJ AMB Corolla is required to stay in Quesnel to assist with my G.B. as she’s just had knee surgery. She’s unable to get into a SUV or Truck Thanks Date/Time From To Message [ 84 ] J.A.J. explained what she understood from A.B.’s reference to “garbage in his suitcase”. She said the thought because children grow, it would be nice to share J.’s clothing.

A friend gave her some newly used clothes and shoes, so J.A.J. brought them to the [omitted for publication] exchange to give them to A.B. for J. A.B. took the items and while driving away, threw the clothes and shoes out the window. H.B., who was driving, stopped the car and picked them up. On another occasion, A.B. had packed J. a little suitcase. When J.A.J. and B.J. returned J. to his mother, J.A.J. included a couple of brand new outfits in J.’s suitcase. In response to this goodwill gesture, A.B. sent B.J. a text that she did not want any more of their garbage in his suitcase.

Thereafter, B.J. and J.A.J. returned J. in whatever clothes he was wearing when they picked him up in [omitted for publication], even if it was only his pyjamas and boots in the winter or shorts or a diaper in the warmer months. [ 85 ] On March 16, 2022, B.J. again called MCFD expressing concerns about A.B.’s emotional instability and mental health. He was worried her bizarre behaviour at the exchanges may be the result of A.B. relapsing into using methamphetamine. He worried that A.B.

may be neglecting herself and J. He told MCFD that at the exchange on March 15, 2022, A.B. was screaming and yelling about what a monster he was while holding J. in her vehicle. He said A.B.’s mother (M.B.) was also in the vehicle attempting to calm A.B. SW Tepper advised B.J. to try and have someone else pick up J. to avoid the conflict. SW Buddo conducted a home visit with A.B. on April 12, 2022, and interviewed A.B. In the closing

summary dated April 20, 2022, MCFD records state: No concerns identified, ongoing custody and access, A. moved to Kelowna to flee domestic violence and is residing with her parents, J. being raised in a safe home. A. identified that B. is a huge trigger for her and he intentionally set her off in January, she had been seeing a counsellor since to work on tools to dealing [sic] with the stress she experiences when she sees B. at the exchange. Counsellor identifies that she is actively participating and doing well.

No concerns identified around historical substance use. (Exhibit 4, Tab 3, pp. 14-16, 19, 24). [ 86 ] In a letter dated April 20, 2022, SW Buddo addresses the s. 13 CFCSA concerns raised by B.J.’s March 16, 2022 complaint to MCFD. She states: The concerns identified were around mental health, in discussion with you and your collaterals it is my understanding that you are actively working with supports and you are doing well. You are working on identifying your triggers during the exchange of your son and tools to address the triggers.

I was happy to hear that you had proactively sought supports knowing that J. needs to be supported in a positive way during the exchange. [ 87 ] On March 19, 2022, A.B. sent B.J. a text message in which she states: Due to your

schedule change in February, right after the decision was made, the 16 days no longer works. There was only 12 days between visits this time. That is too much travel. This is too much as is. But I’ve created a 3 month

schedule for 20:4 to adjust to your

schedule change and how your days off line up. [ 88 ] Before agreeing to bring J. to [omitted for publication], BC, to transition him into B.J.’s care, A.B. sent him text messages on March 28, 2022, advising him that he was not permitted to be at the exchanges: Date/Time From To Message Mar 28 2022, at 14:57 BEJJ AMB Hey, just wanted to confirm us meeting at noon on the 31st at the Lodge in [omitted for publication] to exchange J.

I’ll shoot you a message when we arrive Mar 28 2022, at 15:37 AMB BEJJ Confirm you will not be at the exchange Mar 29, 2022 at 23:40 AMB BEJJ I need you to confirm that you will be dropped off at the edge of [omitted for publication] for the exchange. One or both of your parents can meet us. It is not in j.s best interest that you continue to put him in emotionally hostile situations Mar 30, 2022 at 20:49 AMB BEJJ It’s very concerning that you cannot just confirm that you will not be at the exchange tomorrow. It makes me extremely uncomfortable, and I will assume you will not be there if you do not Reply.

And I have notified your lawyer of my concerns Mar 30, 2022, at 20:59 BEJJ AMB My lawyer is aware that you are unable to self-regulate your emotions as of recently. You previously stated you struggle to mentally handle these exchanges. I am legally allowed to attend these exchanges but given your recent actions I will again be down the road while the exchange takes place as it is not worth subjecting J. to your emotions.

Moving forward after this exchange I will be attending them again as it upsets J. when I leave him prior to the exchange and eventually the supervision will be removed and it will only be me attending. If you cannot handle these exchanges moving forward I would recommend having your parents do them on your behalf. Thanks and my parents will see you tomorrow at noon in [omitted for publication] Mar 31, 2022, at 8:41 BEJJ AMB We are on our way to [omitted for publication].

See you at noo[n] Apr 1, 2022, at 18:04 AMB BEJJ Send spousal support Apr 3, 2022, at 7:25 AMB BEJJ See you at noon Apr 3, 2022 BEJJ AMB Parents will be there at noon. On the way now APRIL 2022 [ 89 ] Although A.B. did not withhold J. from B.J. for his April 2022 parenting time, she threatened to do so unless he agreed not to attend the exchange: Date/Time From To Message Apr 14, 2022, at 14:08 BEJJ AMB Hey, just wanted to confirm us meeting at noon on the 16th at the Lodge in [omitted for publication] to exchange J.

I’ll shoot you a message when we arrive Apr 14, 2022, at 17:28 AMB BEJJ If you’re there we will not be. I’m contacting a lawyer tomorrow as per the advice of the cps. I’ll update you if need be Apr 14, 2022, at 17:42 BEJJ AMB We are following court order. See you Saturday Apr 14, 2022, at 17:43 AMB BEJJ If you arrive Saturday you will only get j. for 2 nights. As per court order Apr 14, 2022, at 17:45 AMB BEJJ And if you’re there I do not feel safe putting J. in a hostile situation.

You cannot use these exchanges to harass me [ 90 ] B.J. sent A.B. a text message containing a picture of Judge Galbraith’s December 14, 2021 Order, stating that J. was to be in his

[90] B.J. sent A.B. a text message containing a picture of Judge Galbraith’s December 14, 2021 Order, stating that J. was to be in hiscare for four days and three nights. B.J. goes on to state, “I have not and will not harass you in any situation. See you Saturday”. A.B.disagreed and then went on make a derogatory comment of B.L.’s fingers, who was holding the order in the photograph, “those claws benasty. It’s harassing just having those in the picture.

You’re a confused little man sometimes”. [91] After asserting Judge Galbraith’s court order was to be interpreted to reduce B.J.’s parenting time in April to three days, A.B.goes on to state in her text message set on April 14, 2022, at 21:12: Either way if you’re their [sic] I’m not doing the exchange. End of story. You scare me. And you are purposely escalating somethingthat’s been resolved. The cps Is writing me a letter stating that you forcing me to reside with my parents is controlling and abusivebehaviour that shouldn’t have happened.

Thank you for giving me the chance to solidify my situation and make sure the truth was toldabout the real world and what you’re actually doing. So she’s glad she came by and got the whole story and so am I. [92] A.B. convinced herself that B.J. and B.L.’s intimate relationship began when A.B. was pregnant with J. Both B.J. and B.L. havesteadfastly denied any intimate relationship prior to B.J. and A.B.’s separation. B.L. testified that she and B.J. were friends in highschool, but lost touch after graduation. They reconnected in August of 2021.

B.J., who apparently saves his text messages for eons,maintains he has proof that he and B.L. never entered into any intimate relationship prior to his separation from A.B. Nevertheless, A.B.remained steadfast in her view that she was not only a victim of family violence, she was also betrayed by B.J.’s infidelity. A.B. claimedthat it was “extremely traumatizing” to her that B.J. used B.L.’s vehicle to pick up J. in [omitted for publication]. B.J. says he was usingB.L.’s vehicle so he could leave his own vehicle for his grandmother to use after her knee surgery.

A.B. responded with a text messagesent to B.J. at April 15, 2022, at 09:55: Also I need a Dr note or something confirming your grandma had knee surgery ad that she still requires a vehicles [sic] that is not herown. Otherwise you can start taking your parents vehicle as it’s extremely traumatizing that you continue to include the woman youcheated on me with while I was pregnant. I feel threatened and unsafe around you. K guess you need to talk to your lawyer.

Cause you scare me and you are too willing to put J. in a bad situation. [93] B.J. refused A.B.’s demands for his grandmother’s medical information and disclosed to A.B. that he had video and audio-recorded their last exchange. [94] A.B. sent B.J. a text (at 11:48) stating: You are harassing me. Pay child support. I will call the police to remove you from the exchange if you’re there. You’re threatening me.

Then ill assume she never had a surgery and you lied about that. [95] Again on April 15, 2022, A.B. sent B.J. a text stating, “Don’t be at the exchange”. [96] On April 19, 2022, B.J. sent A.B. a text informing her that J. got a sliver in his finger from his deck. He states: J. got a sliver in his finger from my deck yesterday. I got most of it out but one small

section was pretty deep, so we soaked it last nightand let it work [its] way out on its own over night. I just checked it as we handed him off to you and it looks like it’ll be ready to comesoon. Please keep an eye on it. [97] A.B. responded, “If the deck was in the same condition as it was when I left, it was extremely irresponsible and very dangerousof you to do that . . .” MAY 2022 [98] A.B. denied parenting time to B.J. on May 2 to 5, 2022. This time, she claimed her mother (M.B.) caught COVID-19 even thoughshe was fully vaccinated. B.J. and his household and his parents were fully vaccinated.

He wanted to exercise his scheduled parentingtime as neither A.B. nor J. had tested positive for COVID-19, nor were either of them symptomatic. A.B. refused B.J. parenting timebecause J. was not vaccinated and she did not want to expose J., or C. or B.J.’s parents to COVID-19. B.J. did not agree A.B. couldwithhold J. in the circumstances where both households were fully vaccinated and neither she nor J. exhibited any symptoms. He statesin a text message to A.B., “I am exhausted from constantly having you tell me I cannot have my son, for no reason.

It should not be abattle every single time due to your actions”. [99] I pause to note the court has routinely held that COVID-19 pandemic cannot in itself be used as a reason to withhold parentingtime: L.D.R. v. J.C.L, 2021 BCSC 296 , para. 83; J.M. v. S.T, 2022 BCSC 1210 . [100] B.J. was to have parenting time on May 18 to 21, 2022.

This time, A.B. demanded B.J. remain inside his vehicle at the exchange,which had to take place at the [omitted for publication] RCMP Detachment: Date/Time From To Message May 16, 2022, at 21.59 BEJJ AMB Hey, just wanted to confirm us meeting at noon on the 18th of May at the Lodge in[omitted for publication] to exchange J. I’ll shoot you a message when we arriveMay 18, 2022, at 06:31 AMB BEJJ I have to do the exchange alone and will be asking you not to exit the vehicle.

I will behaving a wellness check done at a random time and day to ensure you are supervised theentire time May 18, 2022, at 10:08 AMB BEJJ If you do not confirm I will just be getting a police escort at noon

May 18, 2022, at 10:46 AMB BEJJ So far I’m assuming you won’t be in [omitted for publication] at noon May 18, 2022, at 10:57 BEJJ AMB Approx. 40mins away May 18, 2022, at 11:08 AMB BEJJ Exchanges will b[e] at th[e] [omitted for publication] police department parking lot May 18:2022, at 11:08 BEJJ AMB Exchanges will be at the [omitted for publication] lodge at noon as per our current court order May 18:2022, at 11:08 AMB BEJJ It will be at the police detachment so I am safe.

That’s where I’ll be Date/Time From To Message [ 101 ] On May 17, 2022, Ravneet Sanghera filed a Notice of Lawyer (CEIS 29) indicating that she was now A.B.’s legal counsel (CEIS 29). [ 102 ] By way of a letter dated May 25, 2022, the Enrolment Office provided the Quesnel Court Registry with notice that A.B. enrolled with the Family Maintenance Enforcement Program (“FMEP”) (CEIS 37).On June 8, 2022, B.J.’s legal counsel Ms. H. Zetzsche filed and served an application for third-party records from MCFD and the RCMP ( CEIS 35, 38).

This matter came for hearing on June 29, 2022, at which time, Judge Mulder granted B.J.’s third party disclosure application. [ 103 ] On May 21, 2022, A.B. sent B.J. a text message (at 11:45) asking him what happened to J.’s face and his arm. Without waiting for a reply, she wrote at 11:51, “I’m making a police report”. B.J. responded at 11:55: He lightly scratched his face in his sleep, I checked his nails and they weren’t long. He tripped and fell while playing with C. yesterday at Bracconiers. He has a scratch on his knee from his fall as well.

I checked him over when it happened, he didn’t even cry, just wanted to keep on playing. He is two and has a [omitted for publication] year old step brother to play with, we were outside most of the time and falls are bound to happen. [ 104 ] A.B. immediately responded, “Yea I don’t believe that”, to which B.J. replied, “I insured I took pictures as I knew you would bring this up. There are 6 adult witnesses to his fall”. A.B. simply replied, “Liar.” On May 21, 2022, at 18:34, B.J. responded: Calling me a liar does no benefit. I know the truth and so do 5 other adults as well as C.

I understand you worry about J. as do I, but it gives you no right to constantly harass me and threaten me with welfare checks etc. You know as well as I do the cops and MCFD have cleared me and cops are not going to keep showing up just because you make false accusations, they already insured us there is no concern with our parenting or home. I have never laid a hand on J. nor will I ever. This needs to stop. We need to coparent for J.’s sake and our own. You’re only making this more difficult for everyone involved. He is about to have a sister soon and he has a step brother who adores him.

J. loves every minute of being with us and its sad you can’t accept that. The longer you delay this the more hardship it will create for everyone including J. The aggressive/harassing text messages from you either need to stop or I will be applying for third party contact only as your accusations hurt me, which means your options for contact will be [B.L.], not me, as she is the only one around me constantly. I would rather us be able to communicate on a adult level but it’s your choice at this point as I can’t try and harder than I already am. Have a good day. [ 105 ] A.B. did not accept B.J.’s explanation.

She took J. to the RCMP but was “too distraught to make a report so she just left”. On June 13, 2022, A.B. made a report to MCFD alleging B.J. was not properly caring for J.: (Exhibit 4, Tab 3, p. 26 - 32). She told MCFD when she picked up J. after he had parenting time with B.J., J. had two Band-Aids on his right arm because he had scratches. He also had scratches on his legs/knees and a scratch on his nose. When A.B. asked B.J. what happened, he told her that J. had been playing with C., B.L.’s [omitted for publication] year-old son, and they had been playing too rough.

J. got the scratches on his legs and arms and nose because he scratches himself in his sleep. MCFD found that because there had been no disclosure from J., these scratches did not meet the threshold for a s. 13 CFCSA child protection concern. SW Joanne Bowden sent a letter to B.J. on July 22, 2022, advising him that she had completed her investigation and closed MCFD’s file. This was documented by MCFD as Incident No: 1-68687129364. [ 106 ] SW Bowden undertook an extensive investigation into A.B.’s MCFD report. SW Bowden interviewed B.J., J.A.J., B.L., C.B., and C.’s former daycare provider.

She spoke very positively of B.J.’s home and family life with B.L., his son J., her son C., and their infant daughter R. SW Bowden testified she saw no necessity for B.J.’s parenting time with J. be supervised. SW Bowden testified she found C. a very kind, caring boy who enjoyed his time with J. C. was emotionally connected, well-behaved and well-regulated. C. spoke positively of J. and misses him when he is not present. C. said he felt safe and had fun with B.J. [ 107 ] SW Bowden noted that B.J. appeared an engaged father with his daughter R., who was born on [omitted for publication].

SW Bowden described B.J.’s relationship with B.L. as very supportive. She says B.J. and B.L. had good communication skills and co- parented well. JUNE 2022 [ 108 ] On June 3 to 6, 2022, B.J. was unable to exercise his parenting time because his parents were on holidays and not available to supervise. A.B. refused to reschedule his parenting time or agree to forgo supervision. A.B. provides no explanation for her intransigence, beyond she was “uncomfortable” about how B.J. reacted when she told him her mother was sick (May 12, 2022, at 20:48).

A.B. maintained that neither she nor J. were safe in B.J.’s presence. [ 109 ] On June 19 to 22, 2022, A.B. again refused B.J.’s parenting time with J. She simply did not appear in [omitted for publication] with J. to transition him between households. A.B. says it was due to “miscommunication” and demanded proof B.J. went to [omitted for publication] for the exchange, which B.J. provided. A.B. said she had been accustomed to receiving two days’ notice from B.J. prior to his exercising parenting time. B.J. said he

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