Court document reveals custody battle over sisters killed in Oak Bay

Chloe and Aubrey Berry were found dead in a Vancouver Island apartment

Court documents are shedding light on a tense court battle between the father and mother of two sisters found dead in an Oak Bay apartment on Christmas Day.

The crux of it all: the custody of Aubrey Berry, 4, and Chloe Berry, 6, according to a five-day trial between father Andrew Berry and mother Sarah Cotton in B.C. Supreme Court back in November 2016.

The decision made by Justice Victoria Gray on May 31 states Andrew Berry was to be granted the right to have the two girls for 24 hours beginning at noon on Christmas Eve this year.

Police are investigating the deaths of Aubrey and Chloe as a double-homicide, where one man was taken to the hospital with serious injuries. Police have not identified the man, but are not looking for other suspects. No charges have been laid. Friends and family of the girls have told Black Press Media that the girls were with their father.

The court documents posted online show that Andrew once threatened to “blow up the house” during an argument with his ex, was the subject of restraining orders, failed to pay child support for two years, and was investigated twice by the Ministry of Children and Family Development (MCFD) – in one case involving suspected inappropriate touching.

“[Andrew] has displayed poor judgment in dealing with the children. That has included saying negative things to the girls about the mother, the touching which led to the MCFD investigation, and his present arrangement of sometimes sleeping together with one or the other of the girls,” Gray wrote in her decision.

“It can be hoped that, on reflection, [Andrew] will recognize that it is a poor idea for him to say negative things about the mother to the girls and to sleep with the girls.”

While it was decided Cotton would get majority of the parenting time, Andrew Berry was granted intermittent custody of the girls on a 14-day rotating schedule involving overnight stays on weekdays and weekends, as well as almost every other holiday.

Andrew, Gray wrote, was a “loving father who has much to offer his daughters. It is in the best interests of the girls to have significant parenting time with the father.”

Pair met in 2013 before separating: court documents

According to the court documents, the common-law couple stopped living together and separated after four years together in 2013. In their final day living together, Andrew was was arrested after she called police to report that he had pinned her to the bed at 3 a.m.

At the time, Cotton said following the passing of her own father, Andrew “became increasingly critical of her and called her foul names in the presence of the children, and [Cotton] felt she had lost her protector.”

READ MORE: Young victims of Oak Bay homicide were ‘lively, energetic and silly girls’

READ MORE: Oak Bay nourishes first responders in wake of horrific murders

Almost immediately after the arrest, Cotton told the judge she obtained a restraining order that kept the father from contacting her or the children, lasting for three months before a peace bond was amended to give Andrew time to see the girls.

The years to follow involved issues around child support and the co-ownership of their home, including the judge finding that Andrew failed to pay his share of support to Cotton for about two years.

In November 2015, Andrew won $100,000 in a lottery, but said those funds went to legal expenses and savings, documents show.

Gray ruled that Cotton was entitled to purchase Andrew’s $60,000 share of their home for roughly $20,000 after funds owed to her by him were considered.

Andrew was also ordered to pay $395 per month from December 2016 onwards.

Cotton and Berry were still involved in family law proceedings this year, online court files show.

As the community grieves, a vigil takes place Saturday at Willows Beach in Oak Bay.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

College of New Caledonia offers new automotive glass technician program

The program is offered mainly online, allowing more students to take part from across the north

Local business wins snow removal award

K. Leigh Precision Earthworks picked up Rookie of the Year from Western Canadian company

Todd Doherty was recognized today for his life-saving actions during a flight home

Todd Doherty, Member of Parliament for Cariboo-Prince George, was recognized today for… Continue reading

Decision on Burns Lake’s workforce camp “pending very soon”: Coastal GasLink

Meetings to discuss new camp location postponed due to wildfire situation

‘Fire tornado’ erupts as firefighters battle wildfire near Vanderhoof

Firefighters near Vanderhoof were taken by surprise

VIDEO: Neighbours fear impact of B.C. tent city residents

Greater Victoria residents opposed to campers voice concerns at provincial campground

New silver collector coin features Indigenous dancer

New silver collectors coin captures fast-paced energy of an Indigenous powwow

VIDEO: Replica Haida totem pole raised at B.C. park

‘Reconciliation ceremony’ will include SFN leaders, provincial politicians

Several more days before salvage of barge can begin on Haida Gwaii

The barge and lodge broke away from their moorings in high winds on Sept. 8 and ran aground.

B.C. woman with autism has scooter stolen from SkyTrain station

Kayla Polege purchased scooter after ‘shutdowns’ on transit

Off Nova Scotia, a bid to ‘unravel the mystery’ of great white sharks

The question: Is Nova Scotia the second mating site for Atlantic white sharks, something scientists say could be key to protecting the endangered species.

Man arrested after carjacking, collision, pepper spray attacks in Vancouver

Vancouver police say one man is in custody after a chaotic scene of events in the downtown core

Canadian investigator says World Anti-Doping Agency got a bad deal from Russia

A Canadian lawyer says the World Anti-Doping Agency rushed into accepting a bad deal by reinstating the country’s drug-testing program.

Fashion Fridays: Rock some animal print

Kim XO, lets you in on the latest fall fashion trends on Fashion Fridays on the Black Press Media Network

Most Read