B.C. v. E.T., (1995) 135 Sask.R. 278 (FD)

• Judge: Archambault, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 16, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 135 Sask.R. 278 (FD)

B.C. v. E.T. (1995), 135 Sask.R. 278 (FD)

MLB headnote and full text

B.C. (respondent/petitioner and respondent by counterclaim) v. E.T. (applicant/respondent and petitioner by counterclaim)

(1992 Q.B.M. No. 225)

Indexed As: B.C. v. E.T.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Archambault, J.

October 16, 1995.

Summary:

A mother of a child sought an order dis­pensing with the consent of the birth father to a stepfather adoption of the child.

The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the application.

Family Law - Topic 1567

Adoption - Consent of parents - Dispens­ing with consent - Considerations - A mother sought an order dispensing with the birth father's consent to a stepfather adop­tion of a four year old child - The natural parents had lived together briefly - The mother had had custody of the child since they separated - The father had exercised regular access and paid monthly child support and appeared to have a strong and loving relationship with his child - The mother argued that the adoption would give the child the benefit of a stable nuclear family - The Saskatchewan Court of Queen's Bench, Family Law Division, held that an adoption by the stepfather was neither warranted, nor beneficial and was not in the child's best interests - It was in the child's best interests to have an ongoing relationship with both natural parents.

Cases Noticed:

Nunweiler v. MacDonald (1983), 26 Sask.R. 89 (Q.B.), refd to. [para. 7].

Ross v. Anderson (1979), 3 Sask.R. 271 (C.A.), refd to. [para. 7].

MacGyver v. Richards (1995), 84 O.A.C. 349; 22 O.R.(3d) 481 (C.A.), consd. [para. 8].

Young v. Young et al., [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161, consd. [para. 9].

Brochu, Re (1978), 4 R.F.L.(2d) 282 (Sask. Dist. Ct.), refd to. [para. 13].

Dunlop v. Andretta (1995), 131 Sask.R. 221; 95 W.A.C. 221 (C.A.), consd. [para. 15].

Gladstone v. Gladstone (1983), 25 Sask.R. 158 (Q.B.), consd. [para. 16].

Counsel:

W.R. Howe, for the respondent;

N.S. Sandomirsky, for the applicant.

This application was heard before Archambault, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following judgment on October 16, 1995.