B., Re, (1976) 15 N.B.R.(2d) 469 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 14, 1976
• Jurisdiction: New Brunswick
• Citations: (1976), 15 N.B.R.(2d) 469 (QB)

B., Re (1976), 15 N.B.R.(2d) 469 (QB);

    15 R.N.-B.(2e) 469; 18 A.P.R. 469

MLB headnote and full text

Sommaire et texte intégral

Re B.

Indexed As: B., Re

Répertorié: B., Re

New Brunswick Court of Queen's Bench

Dickson, J.

September 14, 1976.

Summary:

Résumé:

This headnote contains no summary.

Family Law - Topic 1833

Custody of children - Right to custody - Right of surviving parent - The mother and father of a boy were separated when the boy was 2 and divorced 3 years later - The mother received custody of the boy and the father exercised his visiting rights and paid maintenance - The boy was cared for by the mother's parents during absences of the mother in her employment - When the boy was 8 his mother was killed and the grandparents took him into their home, refusing to give him up to his father - The father brought an application for custody - The New Brunswick Court of Queen's Bench allowed the application - The Court of Queen's Bench held that the father as the surviving natural parent had the right to custody.

Cases Noticed:

Hepton and Hepton v. Matt, [1957] S.C.R. 606, appld. [para. 5].

Mugford v. Children's Aid Society of Ottawa, [1969] S.C.R. 641, appld. [para. 5].

Re Crossman (1970), 2 N.B.R.(2d) 806, appld. [para. 5].

Counsel:

David Peterson, for the applicant;

Douglas L. Smith, for the respondents, Mr. and Mrs. M.L.

This application was heard on September 14, 1976, in chambers at Fredericton, N.B., before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division.

On September 14, 1976, Dickson, J., delivered the following judgment: