Victory in Complex Interstate Child Custody Case

British Columbia Supreme Court Child Custody Judgment:
I.K.K. v. P.K., 2025 BCSC 1897

When a mother fled Alberta with her four-year-old son claiming family violence and seeking protection in British Columbia, the case of I.K.K. v. P.K. became a compelling test of interstate child custody law.

Darlene Sandhu of DSG Family Law successfully represented the father, P.K., in what would become a decisive victory addressing wrongful child relocation and jurisdictional disputes.

Strategic Defense Against Protection Order Applications

The mother, I.K., had obtained an initial protection order on July 3, 2025, without notice to the father, claiming years of abuse and substance issues. When counsel sought to extend this order with minimal notice on July 16, Darlene Sandhu immediately stepped in to contest the application. Her strategic intervention resulted in modified terms that preserved the father’s parenting rights through virtual contact while the broader issues were litigated.

This swift action demonstrated the importance of immediate legal representation when facing ex parte protection orders that can severely impact parental rights.

Dismantling Unsupported Family Violence Allegations

Darlene Sandhu’s methodical approach to challenging the mother’s claims proved instrumental. The mother had made inflammatory allegations including claims that the child’s behavior was “consistent with being assaulted” based on internet searches, yet provided no medical evidence or documentation from authorities.

Through careful cross-examination of the evidence, Darlene Sandhu exposed critical weaknesses:

• No police file numbers despite claimed reports to authorities
• Dated and unverifiable “evidence” of alleged affairs
• Misrepresentation of probation conditions
• Lack of corroborating witnesses despite claims they existed

The Court ultimately found the mother’s evidence required a cautious approach, noting she provided “no examples of specific conduct that could constitute family violence.”

Establishing Proper Jurisdiction in Child Custody Matters

One of Darlene Sandhu’s key victories involved the jurisdictional dispute. Despite the mother’s claim in court documents that the child had been habitually resident in BC for one year, a clear misrepresentation since they had only arrived in May 2025, Darlene Sandhu successfully argued that Alberta maintained proper jurisdiction.

The Court agreed with Ms. Sandhu’s position, finding:

• The child had lived his entire life in Alberta before the mother’s unilateral relocation
• No real and substantial connection existed with British Columbia after only weeks in the province
• Alberta was the appropriate forum with witnesses and extended family all residing there

Securing Child’s Return Through Interstate Family Law Expertise

Perhaps most significantly, Darlene Sandhu secured an order for the child’s return to Alberta within 30 days. The Court found that the mother’s conduct in misrepresenting facts and attempting to forum-shop “cannot be countenanced” and would undermine the Canadian legal system’s efficiency.

Justice Dion terminated the protection order entirely, finding no evidence of actual harm or danger to either the mother or child. The Court emphasized that family violence provisions in the Family Law Act must be applied as intended—to address serious social issues and protect from actual harm, not to gain tactical advantage in custody disputes.

Expert Navigation of Complex Family Law Legislation

Throughout the proceedings, Ms. Sandhu demonstrated mastery of the intricate interplay between:

• The British Columbia Family Law Act
• The Court Jurisdiction and Proceedings Transfer Act
• Interstate custody principles
• Protection order requirements

Her ability to navigate these complex legal frameworks while maintaining focus on the child’s best interests proved decisive. The Court specifically noted the father’s evidence was preferred because he “supports most of his claims with documentary evidence” while the mother’s claims were “broad, and in some cases, somewhat exaggerated.”

DSG Family Law: Protecting Parental Rights in High-Stakes Cases

This case highlights the critical importance of experienced family law counsel when facing wrongful child relocation and unfounded protection orders. Darlene Sandhu’s successful defense not only reunited a father with his son but also upheld important legal principles about jurisdiction and the proper use of protection orders.

For parents facing interstate custody disputes, wrongful relocation, or defending against unsupported allegations in family court, the outcome in I.K.K. v. P.K. demonstrates how skilled legal representation can make the difference between losing access to your children and preserving your fundamental parental rights. The complete termination of the protection order, declaration of Alberta’s jurisdiction, and order for the child’s return represent a comprehensive victory that showcases DSG Family Law & Darlene Sandhu’s capability to handle the most challenging family law matters with strategic precision and thorough preparation.