Digest: L.M.W. v S.L.S., 2018 SKQB 39

• Date: January 29, 2018

Reported as: 2018 SKQB 39

Docket Number: FLD 296/13 JCB , QB17432

Court: Court of Queen's Bench

Date: 2018-01-29

Judges:

• Scherman

Subjects:

• Family Law � Custody and Access � Best Interests of Child � Children�s Law Act

Digest: In competing petitions under The Children�s Law Act, 1997, the child�s mother and the child�s maternal grandmother both sought custody. The child�s father supported the grandmother�s application. The mother had suffered from mental health issues and suicidal ideations. The grandmother was previously designated by the court as a person of sufficient interest in respect of the child and had custody and primary care of the child since 2013. In 2016, the court ordered supervised access for the mother. In 2017, the court ordered periodic unsupervised access for the mother. The grandmother and her husband testified that the child was afraid of fighting that occurred between her mother and her boyfriend and of other things her mother did. The mother testified that her mental health may have interfered with her parenting in the past, that her relationship with her boyfriend was turbulent and that she was not currently living in a stable environment. She gave vague testimony as to counselling she had taken and testified that she had determined not to take antidepressants prescribed to her. She acknowledged that from August 2013 until December 2016, she saw the child only once. She gave no concrete evidence as to her plan to parent the child or deal with the issues that had interfered with her parenting. At issue was whether it was in the child�s best interest to be returned to the custody of her mother.
HELD: It was in the child�s best interest that sole custody be granted to the grandmother with access to each of the mother and father. The court fixed minimum access to the mother to avoid future conflict. The court attributed current annual income to each of the mother and father and ordered child support payable to the grandmother on that basis. The negative consequences that would flow to the child from a termination of her relationship with her grandparents outweighed the benefits that might flow from being in the custody of her mother. The court was not confident that the mother could manage the emotional needs of the child, nor the child�s physical, psychological, social and economic needs. The court expressed reservation with respect to the home environment the mother...