Belanger v. Weeseekase, (2006) 280 Sask.R. 184 (FD)

• Judge: Sandomirsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 10, 2006
• Jurisdiction: Saskatchewan
• Citations: (2006), 280 Sask.R. 184 (FD);2006 SKQB 224

Belanger v. Weeseekase (2006), 280 Sask.R. 184 (FD)

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. JN.007

Robert Belanger (petitioner) v. Freda Weeseekase (respondent)

(2005 F.L.D. No. 67; 2006 SKQB 224)

Indexed As: Belanger v. Weeseekase

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

Sandomirsky, J.

May 10, 2006.

Summary:

The parties had a child during a brief relationship. The mother cared for their daughter during the first 2.5 years of her life. The parties agreed that child would reside with the father during the week so the mother could take a two year course to become a licensed practical nurse. The mother graduated and obtained employment. The father declined to return the child to the mother's custody. The mother moved from Saskatoon to British Columbia. Each party sought custody of the child.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered that the father have sole custody of the child.

Family Law - Topic 1887.1

Custody and access - Considerations in awarding custody - Child's cultural heritage - [See Family Law - Topic 1897 ].

Family Law - Topic 1889

Custody and access - Considerations in awarding custody - Capacity or conditions of parents - [See Family Law - Topic 1897 ].

Family Law - Topic 1895

Custody and access - Considerations in awarding custody - Changing child's residence - [See Family Law - Topic 1897 ].

Family Law - Topic 1896

Custody and access - Considerations in awarding custody - Parent-child relationship - [See Family Law - Topic 1897 ].

Family Law - Topic 1897

Custody and access - Considerations in awarding custody - Status quo - The parties had a child in 2000 after a brief relationship - The mother cared for their daughter during the first 2.5 years of her life - The parties agreed that child would reside with the father during the week so the mother could take a two year course to become a licensed practical nurse - The mother graduated and obtained employment - The child was flourishing in her present environment - The mother, who had two other children from different relationships, had demonstrated limitations to her capacity to parent in the past - The father declined to return the child to the mother's custody - The mother moved from Saskatoon to British Columbia where her fiancé was posted - She was not employed yet - She had no support system there - Her fiancé was going to sea for six months - The father provided a traditional two-parent family home for the child with cultural (native) and extended family ties - The Saskatchewan Court of Queen's Bench, Family Law Division, awarded the father sole custody - The child's best interests could best be achieved by preserving the routine and status quo of the last three years - The father had been the primary caregiver and psychological parent for the majority of the child's life.

Cases Noticed:

Gordon v. Goertz, [1996] 2 S.C.R. 27; 196 N.R. 321; 141 Sask.R. 241; 114 W.A.C. 241; [1996] 5 W.W.R. 457; 19 R.F.L.(4th) 177; 134 D.L.R.(4th) 321, refd to. [para. 56].

Haider v. Malach (1999), 177 Sask.R. 285; 199 W.A.C. 285; 48 R.F.L.(4th) 314 (C.A.), refd to. [para. 56].

MacGyver v. Richards (1995), 84 O.A.C. 349; 11 R.F.L.(4th) 432 (C.A.), refd to. [para. 73].

Ingram v. Ingram (2005), 269 Sask.R. 161; 357 W.A.C. 161; 15 R.F.L.(6th) 296; 2005 SKCA 73, refd to. [para. 75].

Rask v. Rask (2005), 261 Sask.R. 269; 2005 SKQB 159 (Fam. Div.), refd to. [para. 76].

Carter v. Brooks (1990), 41 O.A.C. 389; 30 R.F.L.(3d) 53 (C.A.), refd to. [para. 78].

Wells v. Wells (1984), 32 Sask.R. 258; 38 R.F.L.(2d) 405 (Q.B.), affd. (1984), 35 Sask.R. 173; 42 R.F.L.(2d) 166 (C.A.), refd to. [para. 80].

Counsel:

Marilyn Penner, for the petitioner;

Leanne R. Johnson, for the respondent.

This matter was heard before Sandomirsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, Family Law Division, who delivered the following judgment on May 10, 2006.