Ferjan v. Ferjan, (1980) 4 Man.R.(2d) 346 (CA)

• Judge: Hall, Matas and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: July 17, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 4 Man.R.(2d) 346 (CA)

Ferjan v. Ferjan (1980), 4 Man.R.(2d) 346 (CA)

MLB headnote and full text

Ferjan v. Ferjan

Indexed As: Ferjan v. Ferjan

Manitoba Court of Appeal

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

July 17, 1980.

Summary:

This headnote contains no summary.

Family Law - Topic 1889

Custody - Considerations - Capacity of parents - The father, age 25, and the mother, age 21, of a five year old girl separated - The mother had behaved irresponsibly in the early years of the marriage - The mother remained in the matrimonial home and the father consented to her custody of the girl on condition that a male friend of the mother would not visit the matrimonial home - When the condition was breached, the father took the girl to stay with him at his parents' home - Sixteen months later a judge of provincial court granted the mother's application for custody under the Family Maintenance Act on the ground that a child of tender years should be in the custody of its mother - The evidence established that the father was much better able to look after the girl then the mother was - The Manitoba Court of Appeal allowed the father's appeal and awarded him custody, holding that the trial judge gave too much weight to the factor of children of tender years being left in the custody of the mother.

Cases Noticed:

Talsky v. Talsky (1976), 7 N.R. 246; 21 R.F.L. 27, consd. [para. 12].

Desilets v. Desilets (1976), 22 R.F.L. 87, appld. [para. 17].

Statutes Noticed:

Family Maintenance Act, R.S.M. 1970, c. F-20.

Counsel:

G.E. Ulyatt, for the applicant/appellant;

W. Juravsky, for the respondent.

This case was heard on July 17, 1980, at Winnipeg, Manitoba, before HALL, MATAS and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal.

On July 17, 1980, MATAS, J.A., delivered the following judgment for the Court of Appeal: