Hachey v. Hachey, (1983) 49 N.B.R.(2d) 263 (CA)

• Judge: Richard, C.J.Q.B., La Forest and Angers, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 01, 1983
• Jurisdiction: New Brunswick
• Citations: (1983), 49 N.B.R.(2d) 263 (CA)

Hachey v. Hachey (1983), 49 N.B.R.(2d) 263 (CA);

    49 R.N.-B.(2e) 263; 129 A.P.R. 263

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Hachey v. Hachey

(167/83/CA)

Indexed As: Hachey v. Hachey

Répertorié: Hachey v. Hachey

New Brunswick Court of Appeal

Richard, C.J.Q.B., La Forest and Angers, JJ.A.

November 1, 1983.

Summary:

Résumé:

A husband and wife were divorced. The wife had custody of their two children, aged 7 and 4. The husband had generous visitation rights. Subsequently, the wife moved out of the province taking the children with her, thereby depriving the husband of his visitation rights. The husband applied for a variation of the decree nisi to give him custody of the children. The trial judge, in a decision not reported in this series of reports, ordered that the youngest child remain with the mother but that custody of the oldest child be given to the father. The mother appealed.

The New Brunswick Court of Appeal dismissed the appeal.

Family Law - Topic 1888

Custody - Considerations - Separation of siblings - A husband and wife were divorced - The wife had custody of their two children, aged 7 and 4 - The husband had generous visitation rights - Subsequently, the wife moved out of the province with the children, thereby depriving the husband of his visitation rights - The husband applied for custody of the children - The New Brunswick Court of Appeal affirmed an award giving custody of the oldest child to the father and allowing the younger child to remain with the mother - The court stated that although separating siblings is rather rare, it is not entirely unknown to the law - See paragraphs 5 and 6.

Cases Noticed:

Zinck v. Zinck (1973), 43 D.L.R.(3d) 157 (N.S.C.A.), refd to. [para. 5].

Kaye v. Kaye (1974), 52 D.L.R.(3d) 14, refd to. [para. 5].

Eaton v. Eaton (1974), 10 N.B.R.(2d) 104; 4 A.P.R. 104, refd to. [para. 5].

Re Murphy (1978), 29 F.L.R. 161, refd to. [para. 5].

Adams v. McLeod, [1978] 2 S.C.R. 621; 20 N.R. 203, refd to. [para. 6].

Tower v. Newsome (1981), 34 N.B.R.(2d) 413; 85 A.P.R. 413, refd to. [para. 6].

Levesque v. Levesque (1983), 46 N.B.R.(2d) 184; 121 A.P.R. 184 (N.B.C.A.), refd to. [para. 6].

Counsel:

Aldea Landry, for the appellant;

Terrence Lennihan, for the respondent.

This appeal was heard before Richard, C.J.Q.B., La Forest and Angers, JJ.A., of the New Brunswick Court of Appeal, on November 1, 1983. The following judgment was delivered by the Court of Appeal on November 1, 1983: