Bender v. Bender, (1983) 25 Sask.R. 235 (QB)

• Judge: Malone, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 17, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 25 Sask.R. 235 (QB)

Bender v. Bender (1983), 25 Sask.R. 235 (QB)

MLB headnote and full text

Bender v. Bender

Indexed As: Bender v. Bender

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Malone, J.

June 17, 1983.

Summary:

A mother applied in Saskatchewan for interim custody of her child, while the father applied for custody in Ontario, where the parties had lived.

The Saskatchewan Court of Queen's Bench allowed the mother's application, taking jurisdiction over the matter.

Family Law - Topic 2120

Custody - Jurisdiction - Founded on residence of child - A mother took her child from the father in Ontario, where they had lived, and moved to her parent's home in Saskatchewan - She applied for interim custody in Saskatchewan after her husband started custody proceedings in Ontario - The Saskatchewan Court of Queen's Bench allowed the mother's application and took jurisdiction over the matter, after setting out some of the considerations - The court held that physical presence of the child was sufficient to vest jurisdiction, although the province in which the child is ordinarily resident is usually the proper province to assume jurisdiction.

Cases Noticed:

Dieno v. Dieno, [1979] Sask. D. 154201; 4 Sask.R. 228, consd. [para. 4].

Boal v. Scott, 12 Sask.R. 292, consd. [para. 4].

Moldowan v. Moldowan, 13 R.F.L.(2d) 1; 1 Sask.R. 316, consd. [para. 4].

Bazant v. Bazant, [1979] Sask. D. 1549-01; 7 Sask.R. 375, consd. [para. 4].

Frappier v. Frappier, [1982] Sask. D. 1542-03; 21 Sask.R. 118, consd. [para. 4].

Masterson v. Masterson, [1948] 1 W.W.R. 642, consd. [para. 4].

Jones v. Jones, [1975] Que. S.C. 67, consd. [para. 4].

West v. West, [1981] 3 W.W.R. 101, consd. [para. 4].

Charmasson v. Charmasson (1981), 25 R.F.L.(2d) 41, consd. [para. 4].

Lussier v. Lussier (1977), 3 R.F.L.(2d) 335, consd. [para. 4].

McKee v. McKee, [1951] 2 D.L.R. 657, consd. [para. 4].

Nielsen v. Nielson, [1971] 1 O.R. 541, consd. [para. 4].

Authors and Works Noticed:

Davies, Christine, Interprovincial Custody (1978), 56 Can. Bar Rev. 17 [para. 4].

Counsel:

E.F.A. Merchant, for the applicant;

N.S. Sandomirsky, for the respondent.

This case was heard at Regina, Saskatchewan, before Malone, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on June 17, 1983: