A.A.F. v. S.L.F.K. et al., 2009 SKQB 168

• Judge: Gunn, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 08, 2009
• Jurisdiction: Saskatchewan
• Citations: 2009 SKQB 168;(2009), 333 Sask.R. 306 (QB)

A.A.F. v. S.L.F.K. (2009), 333 Sask.R. 306 (QB)

MLB headnote and full text

Temp. Cite: [2009] Sask.R. TBEd. MY.040

A.A.F. (petitioner) v. S.L.F.K. (respondent) v. T.P. (respondent)

(2009 F.L.D. No. 14; 2009 SKQB 168)

Indexed As: A.A.F. v. S.L.F.K. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Moose Jaw

Gunn, J.

May 8, 2009.

Summary:

A. and S. started dating in January 2005. Their daughter, H., was born in December 2005. A. and S. separated in March 2006. H. remained with A. A. and H. moved to Saskatchewan in September 2007. A. was having issues with her private life and she made arrangements with T. (S.'s mother) to take H. with her to Quebec for a one month period (end of September 2008). Subsquently, A. tried to contact T., without success. T. obtained two orders from the Quebec court (without notice to A.) that granted T. custody of H. A. filed a petition under the Children's Law Act, claiming custody of H.; for an order declaring that S. was H.'s father; for interim orders under the Act; and for an order that T. immediately turn over custody of H. to A. T. sought an order under ss. 15 and 16 of the Act declaring that Saskatchewan was not the appropriate jurisdiction to determine the issues in relation to H.

The Saskatchewan Court of Queen's Bench held that Saskatchewan had jurisdiction to deal with the petition and ordered that T. immediately deliver H. to A. All other issues were adjourned sine die.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Conflict of Laws - Topic 2302

Family law - Custody of and access to children - Jurisdiction of court - A. and S. started dating in January 2005 - Their daughter, H., was born in December 2005 - A. and S. separated in March 2006 - H. remained with A. - A. and H. moved to Saskatchewan in September 2007 - A. was having issues with her private life and she made arrangements with T. (S.'s mother) to take H. with her to Quebec for a one month period (end of September 2008) - Subsequently, A. tried to contact T., without success - T. obtained two orders from the Quebec court (without notice to A.) that granted T. custody of H. - A. filed a petition under the Children's Law Act, seeking various relief with respect to custody of A. - T. sought an order under ss. 15 and 16 of the Act declaring that Saskatchewan was not the appropriate jurisdiction to determine the issues in relation to H. - The Saskatchewan Court of Queen's Bench held that Saskatchewan had jurisdiction to deal with the petition - H.'s habitual residence was Saskatchewan and T.'s act in withholding H. in Quebec without A.'s consent had not changed H.'s habitual residence - The court found that there had been no acquiescence by A., nor any undue delay in seeking due process - T. should not be rewarded with her choice of jurisdiction by simply moving H. across a provincial boundary.

Family Law - Topic 2122

Custody and access - Jurisdiction - Where custody or access order made in another jurisdiction or under Divorce Act - [See Conflict of Laws - Topic 2302 ].

Family Law - Topic 2123

Custody and access - Jurisdiction - Where child taken from one jurisdiction to another without other parent's consent - [See Conflict of Laws - Topic 2302 ].

Cases Noticed:

K.G. v. C.L.G., [2002] Sask.R. Uned. 88; 2002 SKQB 177 (Fam. Div.), refd to. [para. 17].

Sack v. Sack (1997), 159 Sask.R. 71 (Q.B. Fam. Div.), refd to. [para. 18].

M.M.K. v. K.R.M. (2003), 243 Sask.R. 209; 2003 SKQB 445 (Fam. Div.), refd to. [para. 19].

Anaka v. Yeo (2006), 282 Sask.R. 279; 2006 SKQB 201 (Fam. Div.), refd to. [para. 19].

Pangracs v. Dick (2009), 320 Sask.R. 285; 444 W.A.C. 285; 2009 SKCA 14, consd. [para. 24].

G.C.B.V.W. v. L.A.V.W. (2005), 273 Sask.R. 149; 2005 SKQB 514 (Fam. Div.), refd to. [para. 26].

Bedard v. Bedard (2004), 249 Sask.R. 161; 325 W.A.C. 161; 2004 SKCA 101, refd to. [para. 27].

Katsigiannis v. Kottick-Katsigiannis (2001), 144 O.A.C. 387; 55 O.R.(3d) 456; 203 D.L.R.(4th) 386 (C.A.), refd to. [para. 27].

Counsel:

Suzanne Jeanson, for the petitioner;

Gerald Heinrichs, for the respondent, T.P.

This case was heard by Gunn, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Moose Jaw, who delivered the following judgment on May 8, 2009.