Custody & Access
Formal Offers to Settle in Child Custody Trials
The Rules of Court allow for the service upon the opposing party of a formal offer to settle. If the party making the formal offer to settle receives a result at trial that is equal to or more successful than the formal offer, the offering party may receive his or her costs and may even argue for double costs following the trial result.
Cross Border Issues: The Hague Convention and Child Custody
In the case of Medina v. Pallett (2010) B.C.S.C. 259, the petitioner father Medina was Honduran and the respondent mother Pallett was Canadian. Together they had one child who was born in Honduras in 2005. The child was left in Honduras with the child’s grandparents while Medina and Pallett attempted to settle in Canada. By the Spring of 2008 Medina’s ability to remain in Canada remained uncertain. He therefore no longer wanted to bring the child to Canada. Pallett argued that Medina signed the child’s Canadian passport application and Medina denied doing so. Without giving notice to Medina, Pallett went to Honduras and removed the child and brought the child to Canada. Pallett then commenced divorce proceedings in Canada and sought custody of the child and child maintenance. Medina brought an application to have the child returned to Honduras.
