Court document reveals custody battle over sisters killed in Oak Bay

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

Just Posted

The Kitimat River in July. (Clare Rayment photo)
Good News, Kitimat!

Bringing some local good news to your week

Skeena MLA Ellis Ross has been named critic for Environment and Climate Change Strategy for the BC Liberals. (Peter Versteege photo)
Skeena MLA Ellis Ross named critic for Environment and Climate Change Strategy

Previously, Ross was the critic for LNG, Resource Opportunities, and Responsible Development

Red sky in morning: an early-morning sunrise on May 16, 2020, captured just north of Kitimat. (Eric Roy photo)
Clare’s Corner: Hello, darkness, my old friend

Why does the after-work darkness affect you so much more as an adult than as a child?

(Corrado Colombo photo)
Corrado Colombo, with his wife, Lucy. Colombo is from Italy, but met Kitimat born-and-raised Lucy on one of his annual fishing trips to Kitimat in the early 2000s.
In Our Valley: Corrado Colombo

Corrado Colombo never expected that an annual fishing trip to Kitimat would change his life

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest weekend of COVID-19 pandemic with 46 deaths; more than 2,300 cases

Provincial health officer Dr. Bonnie Henry provides COVID-19 update

THE CANADIAN PRESS/Nathan Denette
B.C. researchers launch study to test kids, young adults for COVID-19 antibodies

Kids and youth can often be asymptomatic carriers of the novel coronavirus

Paramedics register patients at a drive through, pop-up COVID-19 test centre outside the Canadian Tire Centre, home of the NHL’s Ottawa Senators, in Ottawa, Sunday, Sept. 20, 2020. A new poll suggests most Canadians aren’t currently worried that people in other countries might get a COVID-19 vaccine first. THE CANADIAN PRESS/Justin Tang
Canadians not worried other countries will get COVID-19 vaccine first: poll

Forty-one per cent of respondents say they want the vaccine to be mandatory for all Canadians

Fossil finds at Mt. Stephen. (Photo: Sarah Fuller/Parks Canada)
Extreme hiking, time travel and science converge in the Burgess Shale

Climb high in the alpine and trace your family tree back millions of years – to our ocean ancestors

Kettle bells sit aligned in an indoor fitness studio. (PIxabay.com)
1 COVID-19 case at a B.C. fitness studio leads to 104 more infections, 6 school exposures

According to case data released by Fraser Health, one case of the novel coronavirus carries a big impact

Vehicles drive past a display thanking essential workers in Burnaby, B.C. on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Marissa Tiel
B.C. changing COVID-19 case reporting as virus spread continues

Manual counting takes more time, leads to errors

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Mask fundraiser helps make children’s wishes come true

From Black Press Media + BraveFace – adult, youth and kid masks support Make-A-Wish Foundation

Christy Jordan-Fenton is the co-author of the book Fatty Legs, which has been mentioned amid the controversy of an Abbotsford school assignment on residential schools.
Co-author of residential schools book condemns controversial Abbotsford class assignment

Children’s book mentioned amid controversy at W. A. Fraser Middle School

Kootenay East MLA Tom Shypitka takes over as energy and mines critic for the B.C. Liberal opposition. Kelowna-Lake Country MLA Norm Letnick (right) moves from health critic to assistant deputy speaker. (Hansard TV)
B.C. Liberals pick critics to take on Horgan’s NDP majority

Interim leader Shirley Bond takes seniors, long-term care

Most Read