Hodgins v. Hodgins, (1992) 104 Sask.R. 211 (QB)

• Judge: Hunter, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 21, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 104 Sask.R. 211 (QB)

Hodgins v. Hodgins (1992), 104 Sask.R. 211 (QB)

MLB headnote and full text

Sandra Lynn Hodgins (petitioner/respondent by counterpetition) v. Robert Dwayne Hodgins (respondent/petitioner by counterpetition/applicant)

(1992 Q.B.M. No. 221)

Indexed As: Hodgins v. Hodgins

Saskatchewan Court of Queen's Bench

Judicial Centre of Moose Jaw

Hunter, J.

August 21, 1992.

Summary:

A mother and father and their three children resided in Manitoba. The mother while visiting Saskatchewan applied for an order for custody of the children.

The Saskatchewan Court of Queen's Bench dismissed the application and held that the matter should not be heard by the Saskatchewan courts.

Family Law - Topic 2118

Custody and access - Jurisdiction - Where child is resident outside the province - A mother and father and their three children resided on a farm in Manitoba - The mother while visiting Saskatchewan applied for an order for custody of the children - The only connection of the children to Saskatchewan was the re­sidency of the maternal grandparents - The Saskatchewan Court of Queen's Bench held that the custody of the children should not be determined by the Saskatchewan courts.

Cases Noticed:

Bender v. Bender (1983), 25 Sask.R. 235 (Q.B.), refd to. [para. 6].

Obregon v. Obregon (1984), 39 R.F.L.(2d) 164 (Ont. U.F.C.), refd to. [para. 10].

Statutes Noticed:

Children's Law Act, S.S. 1990-91, c. C-8.1, sect. 15, sect. 16 [para. 3].

Counsel:

E.F.A. Merchant, for the petitioner, Sandra Lynn Hodgins;

N.S. Sandomirsky, for the respondent, Robert Dwayne Hodgins.

This application was heard by Hunter, J., of the Saskatchewan Court of Queen's Bench. The decision of Hunter, J., was delivered on August 21, 1992.