H.S.X. v. Y.Z Date:, 2015 BCPC 62

Citation: H.S.X. v. Y.Z Date: 20150205 2015 BCPC 0062 File No: F9209 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE FAMILY LAW ACT , S.B.C. 2011 c. 25 BETWEEN: H.S.X. APPLICANT AND: Y.Z. RESPONDENT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE DYER Appearing in person: H.S.X. Place of Hearing: North Vancouver , B.C. Date of Hearing: February 5, 2015

Date of Judgment: February 5, 2015 [ 1 ] This is a protection order under s. 183. It is an ex parte order. [ 2 ] The first order is that the applicant mother, H.S.X., hereinafter referred to as the applicant, is the sole guardian of the three children, namely A. Z.,(d.o.b.) E. Z., (d.o.b.) and G.

Z., (d.o.b.). [ 3 ] There will be a second order that the respondent, Y.Z., hereinafter referred to as the respondent father, will not communicate with or have contact with any of the applicant mother or the three above referred to children. [ 4 ] The third order is that the father will not attend at or enter the residential premises located at (removed for publication), in the Municipality of West Vancouver, in the Province of British Columbia, or any educational institution that he knows any of his daughters are attending, including the Secondary School or the (removed for publication) School. [ 5 ] The fourth order is that the respondent father will not follow any of the above persons, namely the applicant mother or any of the children. [ 6 ] The fifth order is that the respondent father will not possess a weapon or firearm and, in the event that he does so, any peace officer having jurisdiction in the Province of British Columbia, including a member of the RCMP or the West Vancouver Police force shall forthwith, upon learning of this fact, seize the same and any documents related thereto. [ 7 ] The seventh order I make is that any peace officer having jurisdiction in the Province of British Columbia, including a member of the Royal Canadian Mounted Police or West Vancouver Police, shall remove the respondent father from the residence at (removed for publication), in the Municipality of West Vancouver, or any of the named schools herein forthwith upon being advised that he, in breach of the within orders, is therein or on the property on which the same is situate. [ 8 ] The eighth order I make is that this order shall be in effect, unless varied by the court, for a period of one year. [ 9 ] The ninth order is that a copy of, (1) this order; (2) the notice of motion filed February 4th, 2015; (3) the application to obtain an order filed February 4th, 2015; (4) a blank copy of a reply; and (5) a blank copy of a Form 4 financial statement shall all be personally served on the respondent father by a sheriff of this court. [ 10 ] The tenth order I make is that the respondent father shall be at liberty to seek to set aside any term of this order upon, first, providing the applicant mother with not less than 14 clear days written notice of his intention to do so. [ 11 ] The eleventh order I make is that the signature of the applicant mother on this order is dispensed with. [ 12 ] I also direct that a transcript be prepared of this proceeding and placed on the court file. (REASONS CONCLUDED)