C., Re, (1985) 57 A.R. 152 (ProvCt)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: March 05, 1985
• Jurisdiction: Alberta
• Citations: (1985), 57 A.R. 152 (ProvCt)

C., Re (1985), 57 A.R. 152 (ProvCt)

MLB headnote and full text

Re C.

(CFC8218)

Indexed As: C., Re

Alberta Provincial Court

Fitch, P.C.J.

March 5, 1985.

Summary:

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.

Cases Noticed:

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].

Statutes Noticed:

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].

Counsel:

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: