Grills v. Grills, (1982) 38 A.R. 475 (ProvCt)

Judge:Bowker, J.
Court:Provincial Court (Alberta)
Case Date:August 24, 1982
Jurisdiction:Alberta
Citations:(1982), 38 A.R. 475 (ProvCt)
 
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Grills v. Grills (1982), 38 A.R. 475 (ProvCt)

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Grills v. Grills

Indexed As: Grills v. Grills

Alberta Provincial Court

Family Division

Judicial District of Edmonton

Bowker, J.

August 24, 1982.

Summary:

A mother applied for the custody of her five year old son against her husband, the father of the child. The Alberta Provincial Court awarded custody to the mother with the right of access to the father.

Family Law - Topic 2121

Custody and access to children - Jurisdiction - Where divorce proceedings commenced - The Alberta Provincial Court held that it had jurisdiction to deal with the custody of a child after divorce proceedings had been commenced in a superior court - See paragraphs 3 to 5.

Family Law - Topic 1889

Custody and access to children - Considerations in awarding custody - Capacity of parents - A mother applied for the custody of her five year old son against her husband, the father of the child - The Alberta Provincial Court awarded the mother custody, because she was better able to provide for the child's day to day physical and nutritional needs, and she had a positive plan for his schooling and for his care in off-school hours, which assured the child of a consistent routine - See paragraph 21.

Cases Noticed:

Kredl v. A.G. (1966), 56 D.L.R.(2d) 437 (S.C.C.), consd. [para. 3].

Tuz v. Tuz (1976), 11 O.R. 617, consd. [para. 4].

Lanitas v. Lanitas, [1970] 1 All E.R. 857 (Eng. Div. Ct.), consd. [para. 4].

Jones v. Jones (1976), 20 R.F.L. 603 (Eng. C.A.), consd. [para. 4].

Wales v. Wales (1980), 5 A.C.W.S.(2d) 124 (Ont. Prov. Ct.), consd. [para. 5].

McKee v. McKee (1951), 2 W.W.R.(N.S.) 181 (P.C.), consd. [para. 12].

Adams v. McLeod, [1978] 2 S.C.R. 621; 20 N.R. 203; 9 A.R. 1, consd. [para. 12].

Talsky v. Talsky (1976), 21 R.F.L. 27; 7 N.R. 246 (S.C.C.), consd. [para. 18].

Laverty v. Laverty (1979), 94 D.L.R.(3d) 402 (Sask. Q.B.), consd. [para. 18].

Moron v. Moron (1978), 10 A.R. 550 (Alta. S.C.), consd. [para. 18].

Briggs v. Briggs (1982), Canada Fam. Law Guild 62, consd. [para. 18].

Whetstone v. Whetstone (1982), 15 A.C.W.S.(2d) 33 (Ont. C.C.), consd. [para. 18].

Counsel:

A.J. Hladyshevsky, for the applicant;

D.L. Schwartz, for the respondent.

This application was heard before BOWKER, J., of the Alberta Provincial Court, Family Division, Judicial District of Edmonton, who delivered the following judgment on August 24, 1982.

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