What is the test for self-help remedies in family law?

Alberta, Canada


The following excerpt is from J.M. v. T.L.K., 2009 ABQB 41 (CanLII):

The allegation was investigated and could not be substantiated. Slatter J. (as he then was) stated at para. 8: As I have said on previous occasions, family law cannot tolerate self‑help remedies: Cardinal v. Tatum, [2004] A.J. No. 1005, 2004 ABQB 672. It is inappropriate and unacceptable for one parent unilaterally to decide that the best interests of the child have changed, and unilaterally to make a change in the custody or primary residence of the child. This is particularly so where there is a court order in place specifying custody and access: the parties are expected and required to obey court orders until they are amended by the court.

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