Ashley Suzanne Barendregt v. Geoff Bradley Grebliunas

(British Columbia) (Civil) (By Leave)


Family law - Custody - Mobility rights - Evidence - New evidence - Court of Appeal overturning trial judge’s decision to allow mother of children to relocate with them to distant community close to her family - Court of Appeal allowing admission of father’s new evidence of financial improvements occurring since hearing of appeal and overturning relocation order - Whether the conditions under which new evidence may be admitted are unclear, particularly in custody disputes - How should the Palmer test to admit fresh or new evidence be applied in the “slightly relaxed” conditions of custody cases? - Whether a different test should be applied to applications involving “fresh” evidence as opposed to “new” evidence? - Palmer v. The Queen, [1980] 1 S.C.R. 759.


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The parties were married in 2013 and separated in 2018 and have two children, ages 7 and 5. In December 2019, the trial judge granted the appellant’s application for primary residence of the children and to relocate with them to a town a thousand kilometres away from the former matrimonial home where the respondent resided. This decision was overturned on appeal but the order was stayed.

Lower Court Rulings

December 18, 2019
Supreme Court of British Columbia

E18295, 2019 BCSC 2192
Order allowing mother to relocate with children
January 13, 2021
Court of Appeal for British Columbia (Vancouver)

2021 BCCA 11 ;, CA46634 ;
Father’s appeal allowed