Digest: K.D.O. v C.A.K., 2018 SKQB 167

DateMay 18, 2018

Reported as: 2018 SKQB 167

Docket Number: FLD 238/12 JCR , QB17553

Court: Court of Queen's Bench

Date: 2018-05-18

Judges:

  • Brown

Subjects:

  • Family Law � Custody and Access � Variation

Digest: The parties had two children, aged eight and five, at the time of the petitioner�s application for sole custody of them, and proposed that the respondent have supervised access. The respondent sought shared parenting or, alternatively, an increase in access to be unsupervised. The parties had cohabited for two periods: between 2006 and 2007 and again in 2008 until their second child was born in 2012, when they separated permanently. The respondent mother found parenting very stressful and would often call the petitioner�s mother to assist with the children. The petitioner supported the family, performed the cooking and housecleaning duties as well as caring for their first child when he was at home. The children were in the primary care of the respondent after the parties separated. The petitioner�s mother continued to help with the children whenever the respondent asked her to take them. The children were apprehended by the Ministry of Social Services (MSS) in 2014 and after that time, they had their primary residence with the petitioner with the respondent having supervised access to them. The Ministry had been alerted by a friend of the respondent�s that after the youngest child, still an infant, had fallen and hit her head, the respondent resisted taking the child to the hospital but was convinced to do so by her friend. The baby was discovered to have suffered a hairline fracture to her skull causing swelling and bruising. On another occasion, a friend witnessed the respondent trip the oldest child and then kick him in the rib cage when he was on the ground. After the friend reported her to the MSS, the respondent was charged and convicted of assault. When the children were taken to the petitioner for care they were filthy, covered in sores and extreme eczema. The oldest child had many physical, emotional and developmental issues. With the help of various professionals and the petitioner�s care, the child�s conditions improved significantly and he was able to play with other children and did well in school. In 2015, the petitioner remarried and his second wife became a very loving mother to the children. The respondent�s supervised access was arranged primarily through friends but the respondent discarded each of them...

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