L.C.B., Re, (1980) 3 Man.R.(2d) 390 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: May 08, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 3 Man.R.(2d) 390 (CoCt)

L.C.B., Re (1980), 3 Man.R.(2d) 390 (CoCt)

MLB headnote and full text

Re Adoption of L.C.B.

Indexed As: L.C.B., Re

Manitoba County Court

Barkman, C.C.J.

May 8, 1980.

Summary:

This headnote contains no summary.

Family Law - Topic 1567

Adoption - Consent of parents - Dispensing with consent - Considerations - Best interests of child - A mother had four children during cohabitation with her husband - After they separated she had three more children, whose father was not her husband - When she was unable to cope with all of the children, she asked her husband to take their four children plus another, L.C.B., who was one year old - It was agreed that the husband's sister would look after L.C.B., but the sister became ill and L.C.B. was placed with another couple, who applied to adopt L.C.B. when she was three and one half years old - She knew her adopted family as her only family and did not know her mother - The mother was capably looking after the two children still with her, but she probably could not care for more - The Manitoba County Court granted the adoption order after dispensing with the consent of the natural mother.

Cases Noticed:

Goldstein v. Brownstone et al. (1970), 75 W.W.R.(N.S.) 193, appld. [para. 12].

Hepton v. Maat (1957), 10 D.L.R.(2d) 1, appld. [para. 12].

Martin v. Duffell, [1950] 4 D.L.R. 1, appld. [para. 12].

Counsel:

S. Alsip, for the applicants;

D.R.C. Donald, for the natural mother.

This case was heard at Winnipeg, Manitoba, before BARKMAN, C.C.J., of the Winnipeg County Court, who delivered the following judgment on May 8, 1980: