Copithorne v. Copithorne, (1976) 2 A.R. 431 (TD)
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | December 23, 1976 |
| Citations | (1976), 2 A.R. 431 (TD) |
Copithorne v. Copithorne (1976), 2 A.R. 431 (TD)
MLB headnote and full text
Copithorne v. Copithorne
Indexed As: Copithorne v. Copithorne
Alberta Supreme Court
Trial Division
Judicial District of Calgary
Milvain, C.J.T.D.
December 23, 1976.
Summary:
This case arose out of a wife's petition for divorce against her husband and for custody of their four infant children, aged nine, eight, six and four. Both parents were good parents capable of providing a good home for the children. After determination of the divorce question the Alberta Supreme Court, Trial Division, awarded custody of the children to the mother. The Trial Division stated that the greatest source of emotional input into a child's development is from the mother - see paragraphs 4 to 32.
Family Law - Topic 1881
Custody and access - Custody - Considerations on awarding custody - Welfare of children paramount - Custody of four children, aged nine, eight, six and four - Both parents were good parents capable of providing a good home for the children - The Alberta Supreme Court, Trial Division, awarded custody to the mother with access to the father - The Trial Division stated that the greatest source of emotional input into a child's development is from the mother - See paragraphs 4 to 32.
Family Law - Topic 2095
Custody and access - The hearing - Counsel - Representation of child's interests - The Alberta Supreme Court, Trial Division, appointed amicus curiae to represent the interests of the children in the custody aspects of a divorce hearing - The Trial Division expressed the value of having the children's interests objectively represented and noted the difficulty of even well-meaning parents to be objective about the interests of children in such circumstances - See paragraphs 1 to 3.
Counsel:
L.L. Ross, for the petitioner;
L.R. Duncan and S.A. Thomson, for the respondent;
J.C. Soby, Amicus Curiae.
This case was heard at Calgary, Alberta, before MILVAIN, C.J.T.D., of the Alberta Supreme Court, Trial Division.
On December 23, 1976, MILVAIN, C.J.T.D., orally delivered the following judgment:
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Romaniuk v. Alberta et al., (1988) 86 A.R. 81 (QB)
...492 (S.C.T.D.), refd to. [para. 28]. Burnett v. Burnett (1983), 46 A.R. 216 (Q.B.), refd to. [paras. 29, 35]. Copithorne v. Copithorne (1977), 2 A.R. 431, refd to. [paras. 31, Young v. Young, [1986] 1 W.W.R. 555; 65 A.R. 347 (Q.B.), refd to. [paras. 32, 35]. M. v. M. (1985), 70 A.R. 205; 42......
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M v. M, (1985) 70 A.R. 205 (QB)
...receive a copy of the report at least 30 days prior to the court hearing - See paragraph 9. Cases Noticed: Copithorne v. Copithorne (1976), 2 A.R. 431, refd to. [para. Authors and Works Noticed: Amicus Curiae, Report of Alberta Institute of Law Research and Reform on (1984), pp. 31-32 [para......
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Romaniuk v. Alberta et al., (1988) 86 A.R. 81 (QB)
...492 (S.C.T.D.), refd to. [para. 28]. Burnett v. Burnett (1983), 46 A.R. 216 (Q.B.), refd to. [paras. 29, 35]. Copithorne v. Copithorne (1977), 2 A.R. 431, refd to. [paras. 31, Young v. Young, [1986] 1 W.W.R. 555; 65 A.R. 347 (Q.B.), refd to. [paras. 32, 35]. M. v. M. (1985), 70 A.R. 205; 42......
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M v. M, (1985) 70 A.R. 205 (QB)
...receive a copy of the report at least 30 days prior to the court hearing - See paragraph 9. Cases Noticed: Copithorne v. Copithorne (1976), 2 A.R. 431, refd to. [para. Authors and Works Noticed: Amicus Curiae, Report of Alberta Institute of Law Research and Reform on (1984), pp. 31-32 [para......