G.M.K. v. C.L.H. et al., (2006) 281 Sask.R. 65 (FD)

• Judge: Sandomirsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 26, 2006
• Jurisdiction: Saskatchewan
• Citations: (2006), 281 Sask.R. 65 (FD);2006 SKQB 251

G.M.K. v. C.L.H. (2006), 281 Sask.R. 65 (FD)

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. JN.065

G.M.K. (petitioner) v. C.L.H. and J.M.O. (respondents)

(2004 F.L.D. No. 45; 2006 SKQB 251)

Indexed As: G.M.K. v. C.L.H. et al.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Moose Jaw

Sandomirsky, J.

May 26, 2006.

Summary:

A father petitioned for sole custody of his seven year old daughter. The child's mother sought joint custody with the father. The child's maternal grandmother sought specified access.

The Saskatchewan Court of Queen's Bench, Family Law Division, granted sole custody to the father with access to the mother. The court also granted access to the grandmother.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Family Law - Topic 1991

Custody and access - Access - Considerations in awarding access - Welfare of child - [See first Family Law - Topic 2001.4 ].

Family Law - Topic 2001.4

Custody and access - Access - Access to grandchildren - When the parties' child was two, the mother moved with her from Moose Jaw to Nova Scotia where the child's maternal grandmother lived - The grandmother became the child's custodial caregiver from 2002 and 2004 - The grandmother then moved with the child to Moose Jaw - Since April 2004, the child had been in the father's care and the grandmother cared for her two days a week - The father petitioned for sole custody of the child - The mother sought joint custody with the father - The grandmother sought specified access - The Saskatchewan Court of Queen's Bench, Family Law Division, granted sole custody to the father with access to the mother - The grandmother was granted access - The court held that the grandmother was a person of sufficient interest in the child's life and if her relationship with the child was thwarted by the parents it would be harmful to the child - Given the quality of the relationship between the child and the grandmother, an independent right of access was needed to attain the child's best interests - See paragraphs 72 to 120.

Family Law - Topic 2001.4

Custody and access - Access - Access to grandchildren - The Saskatchewan Court of Queen's Bench, Family Law Division, considered the issue of grandparent access - The court stated that "I read the Children's Law Act, 1997 in this way. A grandparent may be a person of sufficient interest if the grandparent-grandchild relationship leads to the conclusion that such a relationship is beneficial to the child and consequently harmful if terminated. That is the first step. The second step arises only where the grandparent is found to be a person of sufficient interest. It proceeds with a review based upon the best interest principle as enunciated by s. 9(1) of the Act" - See paragraph 114.

Cases Noticed:

Gordon v. Goertz, [1996] 2 S.C.R. 27; 196 N.R. 321; 141 Sask.R. 241; 114 W.A.C. 241; [1996] 5 W.W.R. 457; 19 R.F.L.(4th) 177; 134 D.L.R.(4th) 321, refd to. [para. 68].

Haider v. Malach (1999), 177 Sask.R. 285; 199 W.A.C. 285; 48 R.F.L.(4th) 314 (C.A.), refd to. [para. 69].

H.S. v. C.S. (2006), 279 Sask.R. 55; 372 W.A.C. 55; 2006 SKCA 45, refd to. [para. 70].

Troxel v. Granville (2000), 120 U.S. 2054, refd to. [para. 110].

Chapman v. Chapman, [2001] O.J. No. 705 (C.A.), refd to. [para. 110].

Tucker v. Lester et al., [2002] 9 W.W.R. 585; 220 Sask.R. 309; 2002 SKQB 225 (Fam. Div.), consd. [para. 115].

Statutes Noticed:

Children's Law Act, S.S. 1997, c. C-8.2, sect. 6(1), sect. 9 [para. 108].

Authors and Works Noticed:

Goldberg, Dan L., Background Paper, Grandparent-Grandchild Access: A Legal Analysis, 2003-FCY-15E, presented to Canada, Department of Justice, Family, Children and Youth Section, p. 2 [para. 110].

Counsel:

Brock R. Craik, for G.M.K.;

Lyle O. Phillips, for C.L.H.;

Lynda D. Bordessa, for J.M.O.

This matter was heard before Sandomirsky, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Moose Jaw, who delivered the following judgment on May 26, 2006.