Campbell, Re, [1967] N.B. Law News No. 37 (QB)

• Judge: Anglin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 16, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 37 (QB)

Campbell, Re, [1967] N.B. Law News No. 37 (QB)

MLB Law News

In The Matter Of the Application of Ronald Campbell for Custody of his Infant Children, David Stewart and Dwight Alexander

(#23 Matters 1967; Archives RS68/1967/23)

Indexed As: Campbell, Re

New Brunswick Supreme Court

Queen's Bench Division

Anglin, J.

March 16, 1967.

Summary:

Infants Custody - Jurisdiction - Court held that it had jurisdiction to entertain an application by a father for custody and control of his two infant children (ages 8 and 9) where preliminary issue of jurisdiction raised by wife at custody hearing. Husband divorced wife in New Brunswick in 1965 (N.B. Divorce Court would not consider custody application as children were residing in Ontario). Custody of children awarded to wife by Ontario Surrogate Court in July of 1966. Subsequently, husband took de facto possession of children in Ontario and removed them to Westfield, New Brunswick and remarried. Held that remarriage, inter alia, constituted changed conditions and Court referred to Re Richard Harvey Dube, an infant (1956), 3 D.L.R. (2nd) 420 (N.B. Court of Appeal) stating principle that "in consequence no order is final in the sense that it disposes of the rights of the parents for all time. If conditions alter, the Court will not feel bound by an order made but may use its discretion or cancel the order if it proves inimical to the best interests of the child". Court also refers to Re Orr (1933), 2 D.L.R. at 80 stating "the general rule is that the mother, other things being equal, is entitled to the custody and care of a child during what is called the period of nurture, namely until it attains about seven years of age, the time during which it needs the care of the mother more than that of the father". Held that it is not material how the infants happen to be in the jurisdiction when an application for custody is made.

Counsel:

B.R. Guss, Q.C., for the petitioner;

R.G. Lister, for the respondent.

This case was heard in Chambers at Saint John, N.B. on January 16, 1967, before Anglin, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on March 16, 1967.