Hjorleifson v. Gooch, (1985) 70 N.S.R.(2d) 244 (CoCt)

• Case Date: October 28, 1985
• Jurisdiction: Nova Scotia
• Citations: (1985), 70 N.S.R.(2d) 244 (CoCt)

Hjorleifson v. Gooch (1985), 70 N.S.R.(2d) 244 (CoCt);

    166 A.P.R. 244

MLB headnote and full text

Hjorleifson v. Gooch

C.H. No. 50232

Indexed As: Hjorleifson v. Gooch

Nova Scotia County Court

District Number One

Palmeter, C.J.C.C.

October 28, 1985.

Summary:

An Alberta couple had a five year old girl. The mother left and went to Nova Scotia with the girl. In a custody application in Nova Scotia the Nova Scotia Family Court refused to take jurisdiction on the ground that the matter should be determined in Alberta.

On appeal the Nova Scotia County Court held that either Alberta or Nova Scotia had jurisdiction and that the Nova Scotia Family Court should have taken jurisdiction over the matter in the best interests of the child.

Family Law - Topic 2120

Custody - Jurisdiction - Founded on residence of child - An Alberta couple had a five year old girl - The mother left and went to Nova Scotia with the girl - In a custody application in Nova Scotia the Nova Scotia Family Court refused to take jurisdiction on the ground that the matter should be determined in Alberta - The Nova Scotia County Court held that either province had jurisdiction based on the residence of the child and that the Nova Scotia Family Court should have taken jurisdiction in the best interests of the child to avoid moving her again.

Cases Noticed:

Burgess v. Burgess (1979), 19 N.S.R.(2d) 689; 24 A.P.R. 689 (N.S.C.A.), consd. [para. 14].

Williams v. Williams (1979), 34 N.S.R.(2d) 271; 59 A.P.R. 271, consd. [para. 14].

Vogt v. Vogt (1982), 139 D.L.R.(3d) 398, consd. [para. 14].

Lor v. Lor (1978), 25 N.S.R.(2d) 243; 36 A.P.R. 243, consd. [para. 15].

Lussier v. Lussier (1977), 3 R.F.L.(2d) 335, consd. [para. 15].

Clement v. Clement (1982), 29 R.F.L.(2d) 29, consd. [para. 15].

Grewal v. Grewal (1982), 29 R.F.L.(2d) 23, consd. [para. 15].

Caudle v. Caudle (1983), 60 N.S.R.(2d) 11; 128 A.P.R. 11, appld. [para. 19].

Counsel:

Terry Yeadon, for the appellant father;

Joan Dawkins, for the respondent mother.

This case was heard at Halifax, Nova Scotia before Palmeter, C.J.C.C., of the Nova Scotia County Court of District Number One, who delivered the following judgment on October 28, 1985: