K.F. v. V.B. et al., 2009 SKQB 402

• Judge: Acton, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 13, 2009
• Jurisdiction: Saskatchewan
• Citations: 2009 SKQB 402;(2009), 342 Sask.R. 28 (FD)

K.F. v. V.B. (2009), 342 Sask.R. 28 (FD)

MLB headnote and full text

Temp. Cite: [2009] Sask.R. TBEd. OC.054

K.F. (petitioner) v. V.B., P.C. and G.L. (respondents)

(2008 F.L.D. No. 102; 2009 SKQB 402)

Indexed As: K.F. v. V.B. et al.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Prince Albert

Acton, J.

October 13, 2009.

Summary:

A grandmother petitioned under the Children's Law Act to be declared a person of sufficient interest and to be awarded custody of her three granddaughters. The children had been in the care of their grandmother since their apprehension in August 2007.

The Saskatchewan Court of Queen's Bench, Family Law Division, allowed the petition.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Family Law - Topic 1831

Custody and access - Right to custody - Rights of grandparents - A grandmother petitioned under the Children's Law Act to be declared a person of sufficient interest and to be awarded custody of her three granddaughters - The children had been in the care of their grandmother since their apprehension in August 2007 - The mother opposed the petition - The Saskatchewan Court of Queen's Bench, Family Law Division, allowed the petition - The question was whether it was in the children's best interests to remain with their grandmother or be returned to their mother - The grandmother had provided for all of the children's needs, including financial, emotional, psychological, health, education, discipline and a positive connection to their aboriginal roots - Each of them was learning to speak Cree from their grandfather - The grandmother provided a warm, loving and stable relationship to which the children responded positively - During the two months in which the children's mother lived in the same home, the mother's entire focus was on her new common law relationship, her friends and her social life - Further, the court had concerns about the mother's ability to place the well being of her children ahead of her desire to please the current man in her life - The grandmother was a person of sufficient interest and it was in the children's best interests to be placed with her permanently - See paragraphs 26 to 35.

Family Law - Topic 1881

Custody and access - Considerations in awarding custody - Welfare or best interests of child paramount - [See Family Law - Topic 1831 ].

Family Law - Topic 1893

Custody and access - Considerations in awarding custody - Contest between parents and nonparents - [See Family Law - Topic 1831 ].

Cases Noticed:

G.E.S. v. D.L.C. (2006), 285 Sask.R. 19; 378 W.A.C. 19; 2006 SKCA 79, refd to. [para. 22].

D.C.E. v. D.K.E. et al. (2008), 328 Sask.R. 54; 2008 SKQB 490, refd to. [para. 25].

Counsel:

Allicia D. Hunter, for the petitioner K.F.;

Kristian A. Eggum, Q.C., for the respondent V.B.

This petition was heard by Acton, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Prince Albert, who delivered the following judgment on October 13, 2009.