Howe v. Whiteway, 2015 SKCA 72

• Judge: Jackson, Caldwell and Herauf, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 15, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKCA 72;(2015), 460 Sask.R. 253 (CA)

Howe v. Whiteway (2015), 460 Sask.R. 253 (CA);

    639 W.A.C. 253

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JN.054

Amanda Dawn Howe (appellant/petitioner/respondent) v. James Winston Whiteway (respondent/respondent/applicant)

(CACV2683; 2015 SKCA 72)

Indexed As: Howe v. Whiteway

Saskatchewan Court of Appeal

Jackson, Caldwell and Herauf, JJ.A.

June 15, 2015.

Summary:

The mother was the custodial parent to the parties' son. The father applied to become the custodial parent. The application judge adjourned the application, but varied the access to which the father was entitled on an interim basis. The mother appealed the interim access order.

The Saskatchewan Court of Appeal dismissed the appeal.

Family Law - Topic 1860

Custody and access to children - Duties and rights of custodian - General - [See Family Law - Topic 1914 ].

Family Law - Topic 1896

Custody and access - Considerations in awarding custody - Parent-child relationship - [See Family Law - Topic 1914 ].

Family Law - Topic 1900

Custody and access - Considerations in awarding custody - Maximum contact with each parent - [See Family Law - Topic 1914 ].

Family Law - Topic 1914

Custody and access - Appeals - Interim orders - The mother was the custodial parent to the parties' son - The father applied to become the custodial parent - The application judge adjourned the application, but varied the access to which the father was entitled on an interim basis - The mother appealed the interim access order - The Saskatchewan Court of Appeal dismissed the appeal - First, the court did not welcome appeals from interim orders in family law proceedings - Second, it was the role and duty of the mother, as the custodial parent, to facilitate the child's access to the father - In accordance with the maximum contact principle, the court was required by law to consider the willingness of the custodial parent to facilitate contact with the access parent when making or considering a variation to a custody order - It was in the child's best interests to develop a stronger relationship with his father - The mother was strongly urged to show that she was thinking of the child's best interests by complying with the interim order.

Cases Noticed:

Jochems v. Jochems (2013), 417 Sask.R. 232; 580 W.A.C. 232; 2013 SKCA 81, refd to. [para. 3].

Mantyka v. Dueck (2012), 399 Sask.R. 303; 552 W.A.C. 303; 2012 SKCA 109, refd to. [para. 3].

Hall v. Hall (2011), 375 Sask.R. 126; 525 W.A.C. 126; 337 D.L.R.(4th) 89; 2011 SKCA 86, refd to. [para. 3].

Graham v. Tomlinson (2010), 359 Sask.R. 251; 494 W.A.C. 251; 324 D.L.R.(4th) 156; 2010 SKCA 101, refd to. [para. 3].

Lapoor v. Navidi, [2000] Sask.R. Uned. 165; 14 R.F.L.(5th) 125; 2000 SKCA 95, refd to. [para. 3].

M.V.D. v. C.K.L. (2005), 275 Sask.R. 158; 365 W.A.C. 158; 2005 SKCA 145, refd to. [para. 3].

Phillips v. Shergold et al., [2009] Sask.R. Uned. 138; 2009 SKCA 131, refd to. [para. 3].

Pawar v. Pawar (2010), 366 Sask.R. 18; 506 W.A.C. 18; 2010 SKCA 134, refd to. [para. 3].

Foss v. Foss (1991), 31 R.F.L.(3d) 367 (Sask. C.A.), refd to. [para. 3].

McGinn v. McGinn, [2006] Sask.R. Uned. 17; 2006 SKQB 105, refd to. [para. 5].

Counsel:

Amanda Dawn Howe, for herself;

James Winston Whiteway, for himself.

This appeal was heard on June 15, 2015, before Jackson, Caldwell and Herauf, JJ.A., of the Saskatchewan Court of Appeal. Caldwell, J.A., delivered the following judgment for the court orally on the same date.