G.L. v. L.L., (1996) 149 Sask.R. 32 (FD)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 25, 1996
• Jurisdiction: Saskatchewan
• Citations: (1996), 149 Sask.R. 32 (FD)

G.L. v. L.L. (1996), 149 Sask.R. 32 (FD)

MLB headnote and full text

L.L. (applicant/respondent) v. G.L. (respondent/petitioner)

(1996 F.L.D. No. 419)

Indexed As: G.L. v. L.L.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Barclay, J.

September 25, 1996.

Summary:

Unmarried parents lived with their daugh­ter in Saskatchewan. The mother moved to Alberta for work. The father and daughter joined her in Alberta in April 1996, two months later. On September 3, 1996, the father took the daughter to Saskatchewan. The same day the mother commenced an application for custody in Alberta. On Sep­tember 4, 1996, the Alberta Provincial Court granted the mother an ex parte order. On September 4, 1996, the father commenced an application for custody in Saskatchewan.

The Saskatchewan Court of Queen's Bench, Family Law Division, declined juris­diction. The child was not habitually resident in Saskatchewan as defined in s. 15(2) of the Children's Law Act; the conditions set out in s. 15(1)(b) of the Act were not met.

Family Law - Topic 2118

Custody and access - Jurisdiction - Where child is resident outside the province - [See Family Law - Topic 2126 ].

Family Law - Topic 2120

Custody and access - Jurisdiction - Founded on residence of child - [See Family Law - Topic 2126 ].

Family Law - Topic 2123

Custody and access - Jurisdiction - Where child taken from one jurisdiction to another without other parent's consent - [See Family Law - Topic 2126 ].

Family Law - Topic 2124

Custody and access - Jurisdiction - Where custody application pending in another jurisdiction - [See Family Law - Topic 2126 ].

Family Law - Topic 2126

Custody and access - Jurisdiction - Declining jurisdiction - Unmarried parents lived with their daughter in Saskatchewan - The mother moved to Alberta for work - The father and daughter joined her in Alberta in April 1996, two months later - On September 3, 1996, the father took the daughter to Saskatchewan - The same day the mother commenced an application for custody in Alberta - On September 4, 1996, the Alberta Provincial Court granted the mother an ex parte order - On Sep­tember 4, 1996, the father commenced an application for cus­tody in Saskatchewan - The Saskatchewan Court of Queen's Bench, Family Law Division, declined jurisdiction - The child was not habitually resident in Saskatchewan as defined in s. 15(2) of the Children's Law Act; the con­ditions set out in s. 15(1)(b) of the Act were not met.

Cases Noticed:

Hodgins v. Hodgins (1992), 104 Sask.R. 211 (Q.B.), refd to. [para. 15].

Statutes Noticed:

Children's Law Act, S.S. 1990-91, c. F-8.1, sect. 15(1)(b) [para. 11]; sect. 15(2) [para. 8].

Counsel:

Mary Lou Senko, for the appli­cant/re­spon­dent;

Reginald E. Sauer, for the respon­dent/petitioner.

This application was heard by Barclay, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following decision on September 25, 1996.