Dukeshire v. Dukeshire, (1984) 55 N.B.R.(2d) 216 (FD)

• Judge: Ayles, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 09, 1984
• Jurisdiction: New Brunswick
• Citations: (1984), 55 N.B.R.(2d) 216 (FD)

Dukeshire v. Dukeshire (1984), 55 N.B.R.(2d) 216 (FD);

    55 R.N.-B.(2e) 216; 144 A.P.R. 216

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

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

.........................

Dukeshire v. Dukeshire

Indexed As: Dukeshire v. Dukeshire

Répertorié: Dukeshire v. Dukeshire

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Woodstock

Ayles, J.

May 9, 1984.

Summary:

Résumé:

A husband petitioned for a divorce and custody of his two and one half year old child. The wife also sought custody and maintenance for the child.

The New Brunswick Court of Queen's Bench, Family Division, granted the divorce, awarded custody to the wife with access for the husband, and ordered that the husband pay $50.00 per week maintenance for the child.

Family Law - Topic 1880

Custody and access to children - Considerations in awarding custody - The New Brunswick Court of Queen's Bench, Family Division, discussed the principles to be applied in awarding custody of a child pursuant to the Divorce Act, in a case where a mother was granted custody of her two and one half year old child with access for the father - See paragraphs 16 to 27.

Family Law - Topic 2011

Custody and access to children - Access - Access awards - General - Upon her divorce, a mother was given custody of her two and one half year old child - The New Brunswick Court of Queen's Bench, Family Division, granted the father access to the child on alternate weekends, for three days to include Christmas and New Years in alternate years, on the child's birthday or the day before or after every other year, and such other access as might be agreed upon by the mother and father - See paragraphs 27, 29.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children - A wife was granted custody of her two and one half year old child - She applied for maintenance for the child - The New Brunswick Court of Queen's Bench, Family Division, ordered her husband, who had a net income of $1,554.00 and net expenses of $1,281.00 per month, to pay $50.00 per week to support the child - See paragraphs 30, 31.

Cases Noticed:

Gordon v. Gordon, 23 R.F.L.(2d) 266, refd to. [para. 12].

Dyment v. Dyment, [1969] 2 O.R. 748, refd to. [para. 19].

Haughn v. Haughn (1973), 8 N.B.R.(2d) 428, refd to. [para. 23].

Talsky v. Talsky, [1976] S.C.R. 292; 7 N.R. 246; 62 D.L.R.(3d) 292, refd to. [para. 24].

Bishop v. Bishop (1977), 15 N.B.R.(2d) 118; 18 A.P.R. 118, refd to. [para. 25].

Roberts v. Roberts (1978), 19 N.B.R.(2d) 700; 30 A.P.R. 700, refd to. [para. 25].

Williams v. Williams (1978), 20 N.B.R.(2d) 640; 34 A.P.R. 640, refd to. [para. 25].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 11 [para. 17].

Counsel:

[None disclosed.]

This petition was heard before Ayles, J., of the New Brunswick Court of Queen's Bench, Family Division, who delivered the following decision on May 9, 1984: