J.S-G. v. L.K., (2001) 192 N.S.R.(2d) 388 (SC)

• Judge: Hall, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 05, 2001
• Jurisdiction: Nova Scotia
• Citations: (2001), 192 N.S.R.(2d) 388 (SC);2001 NSSC 24

J.S-G. v. L.K. (2001), 192 N.S.R.(2d) 388 (SC);

 599 A.P.R. 388

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. FE.018

J.S-G. (applicant) v. L.K. (respondent)

(S.K. 9969; 2001 NSSC 24)

Indexed As: J.S-G. v. L.K.

Nova Scotia Supreme Court

Hall, J.

February 5, 2001.

Summary:

The applicant sought an order that a Que­bec judgment be registered and enforced in Nova Scotia.

The Nova Scotia Supreme Court declined to register the judgment.

Conflict of Laws - Topic 2302

Family law - Custody of and access to children - Jurisdiction of court - [See Courts - Topic 2004 ].

Conflict of Laws - Topic 6605

Foreign judgments - General - Recognition of judgments of another province - [See Courts - Topic 2004 ].

Courts - Topic 2004

Jurisdiction - General principles - Inherent jurisdiction (incl. parens patriae jurisdic­tion) - The parties separated after living common law for several years - A consent order respecting care of their two children was taken out in the Nova Scotia Family Court - Thereafter, a subsequent consent order allowed the applicant to take the children to Quebec for a visit - The re­spondent joined the family for an attempted reconciliation - It was unsuccess­ful - She returned with the children to Nova Scotia - The applicant obtained an order in Quebec awarding him custody of the children - He sought an order that the Quebec judgment be registered and en­forced in Nova Scotia - The Nova Scotia Supreme Court declined to register the judgment - In these circumstances it was not appropriate for it to assume parens patriae jurisdiction - Rather, the proper procedure would have been for the appli­cant to have appealed the earlier Nova Scotia Family Court decision.

Family Law - Topic 2122

Custody and access - Jurisdiction - Where custody or access order made in another jurisdiction - [See Courts - Topic 2004 ].

Family Law - Topic 2126

Custody and access - Jurisdiction - Declin­ing jurisdiction - [See Courts - Topic 2004 ].

Family Law - Topic 2163

Custody and access - Enforcement of orders - Enforcement of foreign order - [See Courts - Topic 2004 ].

Cases Noticed:

Eve, Re, [1986] 2 S.C.R. 388; 71 N.R. 1; 61 Nfld. & P.E.I.R. 273; 185 A.P.R. 273, refd to. [para. 12]

Reilly v. Reilly (1997), 165 N.S.R.(2d) 256; 495 A.P.R. 256 (S.C.), refd to. [para. 12].

Guthro v. Guthro (1997), 158 N.S.R.(2d) 72; 466 A.P.R. 72 (C.A.), refd to. [para. 14].

Sutton v. Sodhi (1989), 94 N.S.R.(2d) 126; 247 A.P.R. 126 (Fam. Ct.), refd to. [para. 14].

Hjorleifson v. Gooch (1986), 73 N.S.R.(2d) 271; 176 A.P.R. 271 (C.A.), refd to. [para. 14].

Caudle v. Caudle (1983), 60 N.S.R.(2d) 11; 128 A.P.R. 11 (Fam. Ct.), refd to. [para. 14].

Counsel:

Donald Urquhart, for the applicant;

Ronald Richter, for the respondent.

This application was heard before Hall, J., at Kentville, Nova Scotia, on February 5, 2001, who delivered judgement orally on the same date, with written reasons released on February 7, 2001.