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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Defenceman re-signs with Campbell River Storm

Grady Franklin of Deloraine, Man. ready to return to Campbell River

Two injured hikers airlifted from North Vancouver Island Park

Campbell River and Comox Search and Rescue hoist team rescued the injured from Cape Scott Provincial Park

B.C. village’s local government sees four mayoral changes within three months

Resignations and appointments happened in the middle of the COVID-19 pandemic

Indigenous B.C. tour operator keeps culture alive through virtual journeys in COVID-19 era

Campbell River based Homalco Tours is also in the process of setting up live cameras for bear viewing in Orford

Planning a beach fire? Bring a bucket

“Summer is here and as people gear up for beach and campfires,… Continue reading

QUIZ: A celebration of dogs

These are the dog days of summer. How much do you know about dogs?

First glimpse of Canada’s true COVID-19 infection rate expected mid-July

At least 105,000 Canadians have tested positive for COVID-19 since the coronavirus was identified

Mirror business directory and map

If you’d like to be added to the list, shoot us an email

Annual music event in Comox Valley celebrates online instead

Vancouver Island MusicFest holds virtual celebration set for July 10

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Most Read