VANCOUVER, March 6 /CNW/ - "Denying access to her daughter for a period
of one year may be the first of its kind and is an historic judgment in
Canada", said Vancouver lawyer, Carey Linde, acting for the father of the
child trying to protect his daughter from her alienating mother.
"The child now has at least a hope of recovering from the very serious
psychological damage done to her during all the years that she lived with her
mother," says Linde.
In 2007, a justice of the British Columbia Supreme Court ordered that an
11 year old child had been so successfully alienated against her father by the
mother with whom she lived that, while it might be in the child's best
interests to live with the father, he felt that the alienation was so
successful against the father that the child would probably just run away and
was too successfully alienated against the father. He therefore gave custody
to the alienating mother.
The British Columbia Court of Appeal, in an historic decision, reversed
the trial judge and ordered that the child was to live with her father. The
child had access to her mother for three hours per month. The treating
therapist for the child stated that, while the child was improving with her
father, every time she saw her mother, she regressed back emotionally. The
father also alleged that the mother and the maternal grandmother were
surreptitiously contacting the child against the court order.
Madam Justice Martinson, of the British Columbia Supreme Court, on an
application by the father in her March 06, 2009 judgment in the case of A.A.
v. S.N.A. 2009 BCSC 303, ordered that the mother have no further access to the
child for one full year.
From the judgment, in part:
"(3) I am satisfied that Ms. A's allegations are unfounded. I am further
satisfied that she has continued to undermine the relationship between M and
her father and has acted in ways that are detrimental to M's psychological
healing. M's short and long term best interests require the Court to make the
following order: ...
(2) Neither Ms. A. nor her mother, Ms. V, shall have any contact
whatsoever, directly or indirectly, with M. until at least March 31,
2010, and in any event until further order of the Court; "
For further information:
For further information: Carey Linde, Office: (604) 684-7794, Home: