C., Re, (1985) 57 A.R. 152 (ProvCt)
|Court:||Provincial Court (Alberta)|
|Case Date:||March 05, 1985|
|Citations:||(1985), 57 A.R. 152 (ProvCt)|
C., Re (1985), 57 A.R. 152 (ProvCt)
MLB headnote and full text
Indexed As: C., Re
Alberta Provincial Court
March 5, 1985.
The father of an illegitimate infant applied for a joint custody order giving the mother sole care and control with access to him and giving him custody should the mother die. The Alberta Provincial Court dismissed the application.
Courts - Topic 8426
Provincial courts - Alberta - Provincial Court, Family Division - The Alberta Provincial Court held that it had jurisdiction to grant custody of an illegitimate child to the father - See paragraph 3.
Infants - Topic 2687
Illegitimate children - Custody - Joint custody - The father of an illegitimate infant applied for a joint custody order giving the mother sole care and control of the child with access to him and giving him custody in the event of the mother's death - The Alberta Provincial Court dismissed the application and held that it would not be appropriate to prospectively award custody to the father in the event of the mother's death.
Infants - Topic 2693
Illegitimate children - Custody - Considerations - Best interests rule - The Alberta Provincial Court held that the best interests of the child govern on an application for custody of an illegitimate child - See paragraph 7.
Hintze v. Hintze (1984), 42 R.F.L.(2d) 380 (Alta. Q.B.), dist. [para. 2].
Kruger v. Kruger (1979), 11 R.F.L.(2d) 52 (O.C.A.), dist. [para. 2].
Baker v. Baker (1979), 8 R.F.L.(2d) 236 (O.C.A.), dist. [para. 2].
W.D. v. G.P. (1984), 54 A.R. 161; 41 R.F.L.(2d) 229 (Alta. C.A.), appld. [para. 3].
Domestic Relations Act, R.S.A. 1980, c. D-37, sect. 45, sect. 46, sect. 47, sect. 48, sect. 49, sect. 50, sect. 51, sect. 52 [para. 4].
Provincial Court Act, R.S.A. 1980, c. P-20, sect. 32(1) [para. 4].
Authors and Works Noticed:
Davies, Family Law In Canada, p. 545 ff. [para. 2].
No one for the applicant;
S. Cox, for the respondent.
This case was heard at Calgary, Alberta, before Fitch, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on March 5, 1985:
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