Ernst v. Ernst, 2015 SKCA 57

• Judge: Lane, Jackson and Whitmore, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: May 27, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKCA 57;(2015), 460 Sask.R. 96 (CA)

Ernst v. Ernst (2015), 460 Sask.R. 96 (CA);

    639 W.A.C. 96

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JN.019

Allyssha Marie Ernst (appellant) v. Tyler James Ernst (respondent)

(CACV2666; 2015 SKCA 57)

Indexed As: Ernst v. Ernst

Saskatchewan Court of Appeal

Lane, Jackson and Whitmore, JJ.A.

May, 27, 2015.

Summary:

An interim order granted a father access to his two children on his days off from his employment. The mother applied to vary the interim order in order to suspend the father's access pending the outcome of criminal charges that were laid against him by the mother. The chambers judge dismissed the application. The mother appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Family Law - Topic 1914

Custody and access - Appeals - Interim orders - An interim order granted a father access to his two children on his days off from his employment - The mother applied to vary the interim order in order to suspend the father's access pending the outcome of criminal charges that were laid against him by the mother - The chambers judge dismissed the application - The mother appealed - She conceded some access to the father, but argued that it should be limited to days where he had a clear 24 hour period off work as the current order interfered with her ability to make household plans or schedule the children's extracurricular activities - The Saskatchewan Court of Appeal dismissed the appeal - The court had repeatedly stated its reluctance to interfere with discretionary decisions in interim matters in family situations - This position was taken in order to help litigating parties avoid the delay of an appeal and avoid the cost of such proceedings.

Cases Noticed:

Jochems v. Jochems (2013), 417 Sask.R. 232; 580 W.A.C. 232; 2013 SKCA 81, refd to. [para. 5].

Mantyka v. Dueck (2012), 399 Sask.R. 303; 552 W.A.C. 303; 2012 SKCA 109, refd to. [para. 5].

Counsel:

Karina Jackson, for the appellant;

Trevor Klassen, for the respondent.

This appeal was heard on May 27, 2015, before Lane, Jackson and Whitmore, JJ.A., of the Saskatchewan Court of Appeal. The appeal was dismissed orally on the same date, and Lane, J.A., delivered the following written reasons on June 1, 2015.