K.H. and J.H., Re, (1984) 57 A.R. 348 (ProvCt)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: November 16, 1984
• Citations: (1984), 57 A.R. 348 (ProvCt)

K.H., Re (1984), 57 A.R. 348 (ProvCt)

MLB headnote and full text

Re K.H. and J.H.

(CFC 7779)

Indexed As: K.H. and J.H., Re

Alberta Provincial Court

Fitch, P.C.J.

November 16, 1984.

Summary:

A father applied for access to his 1.5 year old stepdaughter and six month old son.

The Alberta Provincial Court granted access respecting the son, but refused to grant access respecting the stepdaughter.

Family Law - Topic 1991

Custody and access to children - Access - Considerations in awarding access - Welfare of child - A husband and wife married while the wife was pregnant with another man's child (daughter) - The couple later had another child (son) - The husband and wife separated when the daughter was 1.5 years old and the son was six months old - The wife then cohabited with the natural father of the daughter - The Alberta Provincial Court held that it was in the best interests of the son that the husband be awarded access, there being no "unusual circumstances" depriving him of that right - See paragraphs 14 to 30.

Family Law - Topic 1999

Custody and access to children - Access - Irrelevant considerations - A father sought access to his 1.5 year old stepdaughter and six month old son - Access was awarded respecting the son, but not the stepdaughter - The Alberta Provincial Court stated that the fact that the stepbrother and stepsister, being so close in age, would be treated differently as to access because they had different fathers was not a reason to award the father access to the stepdaughter - See paragraphs 32 and 33.

Family Law - Topic 2001.2

Custody and access to children - Access - To stepchildren - A husband and wife married while the wife was pregnant with another man's child (daughter) - The couple later had another child (son) - The husband and wife separated when the daughter was 1.5 years old and the son six months old - The wife then cohabited with the natural father of the daughter - The Alberta Provincial Court refused to award the father access to his stepdaughter - See paragraphs 14 to 34.

Cases Noticed:

J. v. C., [1970] A.C. 668; [1969] 1 All E.R. 788 (H.L.), ref'd to. [para. 16].

Zilka v. Zilka (1978), 9 A.R. 27 (Alta. C.A.), ref'd to. [para. 27].

Statutes Noticed:

Domestic Relations Act, R.S.A. 1980, c. D-37, sect. 46, sect. 47 [para. 14]; sect. 55(1) [para. 17].

Provincial Court Act, R.S.A. 1980, c. P-20, sect. 32(1) [para. 15].

Counsel:

S.A. Cooper, for the applicant;

P. Iapaolo, for the respondent.

This application was heard at Calgary, Alberta, before Fitch, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on November 16, 1984.