Cairns v. Cairns, (1994) 145 N.B.R.(2d) 86 (FD)

JudgeAthey, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateDecember 02, 1993
JurisdictionNew Brunswick
Citations(1994), 145 N.B.R.(2d) 86 (FD)

Cairns v. Cairns (1994), 145 N.B.R.(2d) 86 (FD);

    145 R.N.-B.(2e) 86; 372 A.P.R. 86

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

Eileen Mae Cairns (applicant) v. Dennis Cairns (respondent)

(File No. FDF-666-91)

Indexed As: Cairns v. Cairns

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Fredericton

Athey, J.

March 30, 1994.

Summary:

A custodial mother applied to have the father's access terminated, or, in the alterna­tive, restricted to short supervised periods. The father applied to have an existing access order enforced.

The New Brunswick Court of Queen's Bench, Family Division, restricted the fa­ther's weekly access to two hours under supervision. The court ordered the father to be responsible for the supervisor's cost.

Family Law - Topic 1947

Custody and access - Variation of custody and access rights - Changed circumstances - [See Family Law - Topic 1951 ].

Family Law - Topic 1951

Custody and access - Variation of custody and access rights - Welfare of child - A father had access to his daughter on days off work plus specified access - Because she feared the dark and would not stay by herself, the daughter often slept with the father - The father frequently used profane and degrading language towards the mother - The daughter witnessed an alter­cation between her parents and saw the father assault the mother - She refused to go with the father - Subsequent access supervised - Daughter receiving counselling - The New Brunswick Court of Queen's Bench, Family Division, restricted the father's weekly access to two hours under supervision where the vio­lence, verbal abuse and sleeping arrange­ments constituted a change in circum­stances such that the best interests of the child necessi­tated a change.

Cases Noticed:

Ferrara v. Trafford (1987), 80 N.B.R.(2d) 42; 202 A.P.R. 42 (Fam. Div.), refd to. [para. 15].

Statutes Noticed:

Family Services Act, S.N.B. 1980, c. F-2.2, sect. 1 [para. 16]; sect. 53(2), sect. 78(1)(b), sect. 129(2) [para. 14]; sect. 129(3) [paras. 13, 14].

Counsel:

Ann E. Wheeler, for the applicant;

Howard T. Myatt, for the respondent.

This case was heard on November 17 and December 2, 1993 and January 17, 1994, before Athey, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Fredericton, who delivered judgment on March 30, 1994.

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1 practice notes
  • Cairns v. Cairns, (1995) 159 N.B.R.(2d) 264 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • February 1, 1995
    ...the mother was in contempt for denying him access. The New Brunswick Court of Queen's Bench, Family Division, in a judgment reported 145 N.B.R.(2d) 86; 372 A.P.R. 86 , restricted the father's weekly access to two hours under supervision. The court did not deal with the contempt application......
1 cases
  • Cairns v. Cairns, (1995) 159 N.B.R.(2d) 264 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • February 1, 1995
    ...the mother was in contempt for denying him access. The New Brunswick Court of Queen's Bench, Family Division, in a judgment reported 145 N.B.R.(2d) 86; 372 A.P.R. 86 , restricted the father's weekly access to two hours under supervision. The court did not deal with the contempt application......

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