The Power of Court Reasons in Family Law Appeals
Navigating a high-conflict custody dispute can feel overwhelming, especially when it comes to appealing a judge’s decision. We often hear that an appeal challenges the final order issued by a lower court. But there’s more to the story—the reasons behind that order hold critical clues that can shape how you interpret and apply the ruling.
In a recent example, Der v. Hlookoff, 2025 BCCA 193, the British Columbia Court of Appeal emphasized just how important those reasons can be. If you’re representing yourself, understanding this can give you a stronger grasp of how orders might affect your parenting time, support obligations, or decision-making authority.
Why an Appeal Usually Challenges the Order—But the Reasons Matter, Too
Orders vs. Reasons: The Key Distinction
An “order” is the final outcome: think custody arrangements, parenting schedules, or support obligations written on paper.
The “reasons” are the judge’s explanation. They detail the journey—the facts, the law, and the judge’s analysis—leading up to that final order.
In Der v. Hlookoff, the Court of Appeal clarified that while appeals usually focus on the official order, you can’t fully grasp the scope and meaning of that order without reading the judge’s reasoning. The reasons can clarify gray areas and ensure the order is applied the way the court intended.
How Judges’ Reasons Influence Your Case
In practice, the wording of an order might not cover every scenario—especially in high-conflict custody where manipulative or controlling behavior can complicate family dynamics. The Court of Appeal in Der v. Hlookoff highlighted that when the order’s language is ambiguous, the reasons can fill in the gaps. This is particularly vital when parents need to make decisions about schooling, medical care, or visitation—even minor misunderstandings can lead to big conflicts.
Real-Life Scenarios or Common Questions
“What if the order seems unclear about holiday schedules?”
Use the court’s reasons to see how the judge balanced parental time. Was it about facilitating more frequent contact? Reducing conflict? These details help interpret ambiguous language.
“My ex is using tricky wording to limit my parenting time. Can I appeal based on the reasons for judgment?”
Yes, if the reasons suggest a different interpretation than what your ex is insisting on. The reasons might prove the court’s real intent behind the schedule or decision-making authority.
“Do I need the judge’s reasons if I’m challenging the entire order?”
Absolutely. Even if you believe the order is incorrect, the reasons often reveal whether the judge applied the law correctly or made a factual mistake.
For more information on family law appeals, you can visit:
- Department of Justice Canada
- Community Legal Education Ontario (CLEO)
- Steps to Justice
- Legal Aid BC
- Courts of British Columbia
Action Steps for Parents
If you’re caught in a custody dispute and want to understand how reasons might impact an appeal:
- Request the Full Judgment: Ensure you have both the order and the written reasons.
- Read the Reasons Carefully: Mark citations or explanations that highlight the judge’s priorities—like the child’s best interests or patterns of abuse.
- Document Ambiguities: If the final order’s language feels unclear, compare it to the judge’s reasoning to see where clarifications might exist.
- Seek Professional Insight: If possible, consult with a family lawyer or legal clinic for help interpreting the reasons.
- Stay Organized: Keep digital copies of all transcripts, reasons, and orders. For secure record-keeping, try the Report An Incident tool on CustodyBuddy.
⚠️ This is not legal advice; consult a qualified professional.
Moving Forward With Clarity and Confidence
Even if you’re going it alone, you’re not alone. Understanding how court reasons influence an order can be a game-changer in BC family law appeals. Knowledge is a powerful shield against manipulative tactics—it keeps the focus on fairness and the best interests of your child.
If you need personalized guidance, consider reaching out for a Family Law Case Analysis or send an email through Email Law Buddy. At CustodyBuddy, we’re here to help you navigate the legal, emotional, and practical steps toward a more stable future for you and your children.
Remember: You have the strength to advocate for yourself and your family. By understanding both the order and the reasons behind it, you claim the clarity you need to move forward confidently.