Eppen v. Rostad, (1987) 64 Sask.R. 172 (QB)

• Judge: Wimmer, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 18, 1987
• Jurisdiction: Saskatchewan
• Citations: (1987), 64 Sask.R. 172 (QB)

Eppen v. Rostad (1987), 64 Sask.R. 172 (QB)

MLB headnote and full text

James Jeffrey Eppen (petitioner) v. Natalie June Rostad (respondent)

(No. 598 A.D. 1987)

Indexed As: Eppen v. Rostad

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

Wimmer, J.

September 18, 1987.

Summary:

The father of a four year old girl now living in Manitoba with her mother applied for custody and interim custody in Saskatchewan. A custody application by the mother was pending in the Manitoba courts.

The Saskatchewan Court of Queen's Bench held that although both courts had jurisdiction, it deferred to the Manitoba courts, and adjourned the father's application.

Family Law - Topic 2115

Custody - Jurisdiction - General - The Saskatchewan Court of Queen's Bench stated that the two overriding considerations in determining what court should assume jurisdiction in custody matters are the welfare of the child and the fair and proper administration of justice - See paragraph 5.

Family Law - Topic 2118

Custody - Jurisdiction - Where child resident outside the province - A child was born in Alberta in 1983 but lived almost all her life in Saskatchewan - In August 1987 the mother took the child to Manitoba to the maternal grandmother's, intending to reside there - The mother applied for custody in Manitoba, the father in Saskatchewan - A previous separation agreement provided that Saskatchewan courts had jurisdiction over custody disputes - The Saskatchewan Court of Queen's Bench held that the Manitoba court had jurisdiction because the child was physically present in Manitoba; the Saskatchewan court also had jurisdiction because the child had a real and substantial connection with Saskatchewan - The court adjourned and deferred to the Manitoba court.

Family Law - Topic 2124

Custody - Jurisdiction - Where custody application pending in another jurisdiction - [See Family Law - Topic 2118 above].

Cases Noticed:

Bender v. Bender, [1983] Sask. D. 1542-02; 25 Sask.R. 235, refd to. [para. 5].

Bazant v. Bazant (1980), 7 Sask.R. 375, refd to. [para. 5].

Desilets v. Desilets (1976), 22 R.F.L. 87 (Man. C.A.), refd to. [para. 5].

Counsel:

J. Cugnet, for the petitioner;

J. Brydon, for the respondent.

This application was heard before Wimmer, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Battleford, whose decision was delivered on September 18, 1987.