Fraser v. Fraser, (1995) 105 Man.R.(2d) 241 (QBFD)

• Judge: Mullally, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: January 24, 1995
• Jurisdiction: Manitoba
• Citations: (1995), 105 Man.R.(2d) 241 (QBFD)

Fraser v. Fraser (1995), 105 Man.R.(2d) 241 (QBFD)

MLB headnote and full text

Eugene Gerard Fraser (petitioner) v. Maryn Christine Fraser (respondent)

(Suit No. FD 93-01-35080)

Indexed As: Fraser v. Fraser

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Mullally, J.

January 24, 1995.

Summary:

Following a separation, the husband ap­plied for custody or care and control of the three children.

The Manitoba Court of Queen's Bench, Family Division, granted the parents joint custody with the husband having primary care and control of the children.

Family Law - Topic 2072

Custody and access - Joint custody - When available - In 1993, a husband and wife separated after five years - The wife entered into a new relationship and ac­quired a new home - The wife returned to the marital home on an almost daily basis to care for the children - In 1995, the husband applied for custody or care and control of the three children (aged six, five and three) - The husband submitted that a move to the wife's resi­dence would disrupt their schooling (i.e., a private school) and network of friends - The oldest child was receiving teaching by a method that would probably not be available at another school - The Manitoba Court of Queen's Bench, Family Division, awarded the parties joint custody with the husband having primary care and control.

Family Law - Topic 2076

Custody and access - Joint custody - Principal home - [See Family Law - Topic 2072 ].

Cases Noticed:

Ledohowski v. Ledohowski (1994), 98 Man.R.(2d) 100 (Q.B. Fam. Div.), refd to. [para. 11].

Gunn v. Gunn (1994), 100 Man.R.(2d) 6; 91 W.A.C. 6 (C.A.), refd to. [para. 11].

Counsel:

Norman L. Yusim, for the petitioner;

Catherine L. Dunn, for the respondent.

This case was heard before Mullally, J., of the Manitoba Court of Queen's Bench, Fam­ily Division, Winnipeg Centre, who de­livered the following judgment on January 24, 1995.