D.G. and J.R. v. V.M.F. and S.A.F., (2000) 229 N.B.R.(2d) 232 (FD)

• Judge: Riordon, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 24, 2000
• Jurisdiction: New Brunswick
• Citations: (2000), 229 N.B.R.(2d) 232 (FD)

D.G. v. V.M.F. (2000), 229 N.B.R.(2d) 232 (FD);

    229 R.N.-B.(2e) 232; 592 A.P.R. 232

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[French language version follows English language version]

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

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Temp. Cite: [2000] N.B.R.(2d) TBEd. AU.007

D.G. and J.R. (applicants) v. V.M.F. and S.A.F. (respondents)

(FDN-118-98)

Indexed As: D.G. and J.R. v. V.M.F. and S.A.F.

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Miramichi

Riordon, J.

July 24, 2000.

Summary:

A child's biological parents, New Bruns­wick residents, consented to his private adoption by a Nova Scotia couple. Approxi­mately five months later, the biological parents purported to revoke their consent to adopt. The adop­tive parents applied for an adoption hearing in Nova Scotia. The bio­logical parents ap­plied for custody of the child in New Bruns­wick and moved for interim custody. The adoptive parents moved that the New Bruns­wick Court not exercise jurisdiction arguing that the statutory and common law criteria to invoke jurisdiction was not met.

The New Brunswick Court of Queen's Bench, Family Division, held that it did not have jurisdiction and the matter would have to be addressed in Nova Scotia.

Courts - Topic 5864

Provincial courts - New Brunswick - Fam­ily Court - Jurisdiction re custody orders - [See Fam­ily Law - Topic 2118 ].

Family Law - Topic 2118

Custody and access - Jurisdiction - Where child is resident outside the province - A child's biological parents, New Brunswick residents, consented to his private adoption by a Nova Scotia couple - The biological parents purported to revoke their consent - The adoptive parents applied for an adop­tion hearing in Nova Scotia - The biologi­cal parents applied for custody of the child in New Brunswick and sought interim custody - The New Brunswick Court of Queen's Bench, Family Division, held that it did not have jurisdiction respecting the child's custody (Family Services Act, s. 130(1)) - The child was not habitually resident nor physically present in New Brunswick at the time of the commence­ment of the application - The matter would have to be addressed in Nova Scotia where adoption proceedings were pending.

Family Law - Topic 2120

Custody and access - Jurisdiction - Foun­ded on residence of child - [See Fam­ily Law - Topic 2118 ].

Family Law - Topic 2124

Custody and access - Jurisdiction - Where custody or adoption application pending in another jurisdiction - [See Family Law - Topic 2118 ].

Family Law - Topic 2126

Custody and access - Jurisdiction - Declin­ing jurisdiction - [See Family Law - Topic 2118 ].

Cases Noticed:

Paquette v. Galipeau, [1981] 1 S.C.R. 29; 37 N.R. 421, refd to. [para. 18].

Statutes Noticed:

Family Services Act, S.N.B. 1980, c. F-2.2, sect. 129(1) [para. 17]; sect. 130(1) [para. 14].

Counsel:

John L. McAllister, for the applicants;

Craig J. Carleton, for the respondents.

These motions were heard on July 24, 2000 before Riordon, J., of the New Bruns­wick Court of Queen's Bench, Family Divi­sion, Judicial District of Miramichi, who released the following decision on that date.