D.A.G. v. V.G.B., 2003 SKQB 63

• Judge: Ryan-Froslie, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 06, 2003
• Jurisdiction: Saskatchewan
• Citations: 2003 SKQB 63;(2003), 229 Sask.R. 177 (FD)

D.A.G. v. V.G.B. (2003), 229 Sask.R. 177 (FD)

MLB headnote and full text

Temp. Cite: [2003] Sask.R. TBEd. FE.055

D.A.G. (petitioner) v. V.G.B. (respondent)

(2002 F.L.D. No. 49; 2003 SKQB 63)

Indexed As: D.A.G. v. V.G.B.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

Ryan-Froslie, J.

February 6, 2003.

Summary:

The parties cohabited for six months, during which time the respondent became pregnant. The parties separated. The petitioner commenced an action seeking joint custody of the unborn child and access to the respondent's three other children. After giving birth, the respondent travelled to British Columbia and then moved to Alberta. She did not comply with an order that required her to notify the petitioner of any change in residence. The respondent applied pursuant to s. 16 of the Children's Law Act for an order that the court decline jurisdiction and transfer the petitioner's action to the Alberta Court of Queen's Bench.

The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the application.

Family Law - Topic 2123

Custody and access - Jurisdiction - Where child taken from one jurisdiction to another without other parent's consent - [See Family Law - Topic 2126 ].

Family Law - Topic 2126

Custody and access - Jurisdiction - Declining jurisdiction - The parties cohabited for six months, during which time the respondent became pregnant - The parties separated - The petitioner commenced an action seeking joint custody of the unborn child and access to the respondent's three other children - After giving birth, the respondent travelled to British Columbia and then moved to Alberta - She did not comply with an order that required her to notify the petitioner of any change in residence - The respondent applied pursuant to s. 16 of the Children's Law Act for an order that the court decline jurisdiction and transfer the petitioner's action to Alberta - The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the application - A child's habitual residence could not be unilaterally changed by one parent, the best evidence and most of the potential witnesses were in Saskatchewan, Saskatchewan had a greater connection to the parties and their children than Alberta and it was imperative that the matter be dealt with expeditiously.

Cases Noticed:

Pasereno v. Pasereno (2000), 188 Sask.R. 314 (Q.B. Fam. Div.), refd to. [para. 12].

Child and Family Services of Eastern Manitoba v. H.M. et al. (1986), 44 Man.R.(2d) 161 (C.A.), refd to. [para. 13].

D.A.S. v. M.K.V. (1996), 149 Sask.R. 5 (Q.B. Fam. Div.), refd to. [para. 13].

E.P.G., Re (1965), Ch. 568, refd to. [para. 13].

Warr v. Warr (1996), 146 Sask.R. 60 (Q.B. Fam. Div.), refd to. [para. 13].

Glier v. Glier (2001), 204 Sask.R. 157 (Q.B. Fam. Div.), refd to. [para. 13].

Amchem Products Inc. et al. v. Workers' Compensation Board (B.C.), [1993] 1 S.C.R. 897; 150 N.R. 321; 23 B.C.A.C. 1; 39 W.A.C. 1; [1993] 3 W.W.R. 441, refd to. [para. 15].

Lor v. Lor (1978), 25 N.S.R.(2d) 243; 36 A.P.R. 243; 5 R.F.L.(2d) 138 (C.A.), refd to. [para. 15].

Nodrin v. Nordin, [2001] O.T.C. 112 (Sup. Ct.), refd to. [para. 15].

Counsel:

D.A.G., on his own behalf;

D. Harms (by telephone), for the respondent;

V.G.B., respondent, present by telephone.

This application was heard before Ryan-Froslie, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Saskatoon, who delivered the following fiat on February 6, 2003.