David K. and John K., Re, (1986) 78 A.R. 177 (ProvCt)

• Judge: Russell, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 25, 1986
• Citations: (1986), 78 A.R. 177 (ProvCt)

David K., Re (1986), 78 A.R. 177 (ProvCt)

MLB headnote and full text

In The Matter Of Applications for the Permanent Guardianship of David K. and John K. Pursuant to the Provisions of The Child Welfare Act, S.A 1984, Ch. C-8.1.

Indexed As: David K. and John K., Re

Alberta Provincial Court

Family Division

Russell, P.C.J.

February 25, 1986.

Summary:

The province applied for permanent guardianship of two brothers aged 10 and 8 years. The Alberta Provincial Court, Family Division, allowed the application. The court also ordered that the boys' mother be given supervised reasonable assess to each child, subject to the wishes of that child.

Guardian and Ward - Topic 816

Public trustee or guardian - Appointment - Child in need of protection - Permanent appointment - A 10 year old boy was physically abused by his mother's male companion (the father of the boy's eight year old half-brother) - The boy was severely emotionally disturbed - The mother was wilfully blind to the situation and unable or unwilling to protect her son - His half-brother was also physically abused by another male companion of the mother and also suffered emotional abuse - The Alberta Provincial Court, Family Division, granted permanent guardianship orders respecting both boys.

Statutes Noticed:

Child Welfare Act, S.A. 1984, c. C-8.1, sect. 1(2)(d), sect. 1(2)(e), sect. 1(2)(g), sect. 1(2)(h) [para. 26]; sect. 2 [para. 28].

Counsel:

[None disclosed.]

This application was heard before Russell, P.C.J., of the Alberta Provincial Court, Family Division, whose decision was delivered at Edmonton, Alberta, February 25, 1986.