D. and D. v. S., (1982) 45 A.R. 161 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: June 08, 1982
• Jurisdiction: Northwest Territories
• Citations: (1982), 45 A.R. 161 (NWTSC)

D. v. S. (1982), 45 A.R. 161 (NWTSC)

MLB headnote and full text

D. and D. v. S.

(SC 2234)

Indexed As: D. and D. v. S.

Northwest Territories Supreme Court

de Weerdt, J.

December 1, 1982.

Summary:

The mother of a child and her husband applied to adopt the child. The natural father of the child opposed the application.

The Northwest Territories Supreme Court in granting the adoption application noted that there was no requirement under the Child Welfare Ordinance, R.O.N.W.T. 1974, c. C-3, Pt. IV, that the natural father's consent be dispensed with. In any event the court stated that, if it had been required to dispense with the husband's consent, it would have been ordered, because the child was born out of wedlock and the natural father had never supported the child or stood in loco parentis to it.

Family Law - Topic 1566

Adoption - Consent of parents - Dispensing with consent - General - The Northwest Territories Supreme Court held that there was no requirement under Northwest Territories law for a natural mother of a child and her husband to obtain an order dispensing the natural father's consent to adoption of the child.

Family Law - Topic 1569

Adoption - Consent of parents - Dispensing with consent - Grounds - The father of a child born out of wedlock never supported it or stood in loco parentis to it - The Northwest Territories Supreme Court held that, had it been necessary, it would have dispensed with his consent to the adoption of the child by the natural mother and her husband.

Statutes Noticed:

Child Welfare Ordinance, R.O.N.W.T. 1974, c. C-3, Pt. IV.

Domestic Relations Ordinance, R.O.N.W.T. 1974, c. D-9, sect. 28 [para. 2].

Counsel:

E. Johnson, for the petitioners;

P. Spence, for the respondent.

This case was heard on June 8, 1982, at Yellowknife, N.W.T., before de WEERDT, J., of the Northwest Territories Supreme Court, who delivered the following judgment on December 1, 1982: