Favel v. Favel, (1980) 3 Man.R.(2d) 258 (CA)

• Judge: Hall, Matas and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 16, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 3 Man.R.(2d) 258 (CA)

Favel v. Favel (1980), 3 Man.R.(2d) 258 (CA)

MLB headnote and full text

Favel v. Favel

Indexed As: Favel v. Favel

Manitoba Court of Appeal

Hall, Matas and O'Sullivan, JJ.A.

April 16, 1980.

Summary:

This case arose out of a divorce and an application for custody of the children of the marriage, aged five and seven. The trial judge granted custody of the children to the father. The mother appealed to the Manitoba Court of Appeal.

The Manitoba Court of Appeal dismissed the appeal and affirmed the custody order made by the trial judge.

O'Sullivan, J.A., dissenting, in the Manitoba Court of Appeal would have allowed the appeal and would have awarded custody of the children to the mother - See paragraphs 8 to 19.

Family Law - Topic 1889

Custody of children - Considerations in awarding custody - Capacity of parents - A husband and wife contested the custody of two children, aged five and seven - The Manitoba Court of Appeal affirmed an award of custody to the father where the father was able to provide a stable home environment.

Cases Noticed:

Desilets v. Desilets (1976), 22 R.F.L. 87, refd to. [para. 18].

Counsel:

S.B. Malamud, for the petitioner by counterpetition/appellant;

M.D. Kohaykewych, for the respondents by counterpetition/respondents.

This appeal was heard by HALL, MATAS and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal on March 6, 1980.

The judgment of the Manitoba Court of Appeal was delivered on April 16, 1980 and the following opinions were filed:

MATAS, J.A. - see paragraphs 1 to 7;

O'SULLIVAN, J.A., dissenting - see paragraphs 8 to 19.

HALL, J.A., concurred with MATAS, J.A.