L.C. v. W.C., (1988) 90 A.R. 262 (QB)

• Judge: Roslak, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 19, 1988
• Citations: (1988), 90 A.R. 262 (QB)

L.C. v. W.C. (1988), 90 A.R. 262 (QB)

MLB headnote and full text

L.C. (appellant) v. W.C. (respondent)

(No. 8703-23919)

Indexed As: L.C. v. W.C.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Roslak, J.

September 19, 1988.

Summary:

A father and a mother of three children lived in a "common law" relationship for 13 years. The father and mother separated in 1986 and the Provincial Court awarded custody of the three children of the relationship to the father. The mother appealed.

The Alberta Court of Queen's Bench allowed the appeal and ordered a new trial.

Family Law - Topic 2147

Custody of children - Evidence - Report of family investigator - The Alberta Court of Queen's Bench stated that it was improper for the Provincial Court in a custody dispute to rely on a home study report for evidence on contentious or fundamental issues (see paragraph 30) - The court stated that such evidence was inadmissible as hearsay (see paragraph 35).

Guardian and Ward - Topic 114

Right to guardianship - Illegitimate children - A natural father claimed custody of three children of a common law relationship - The Alberta Court of Queen's Bench held that in such circumstances the father was entitled to be declared joint guardian of the children (see paragraph 34).

Infants - Topic 2683

Illegitimate children - Custody of illegitimate children by natural father - A natural father claimed custody of three children of a common law relationship - The Alberta Court of Queen's Bench stated that the Provincial Court had jurisdiction to award custody to such a father where the father applied for and was granted a declaration of paternity (see paragraph 20).

Infants - Topic 2683

Illegitimate children - Custody of illegitimate children by natural father - The Alberta Court of Queen's Bench referred to the proper procedure and the evidentiary burden on a father who applies in the Provincial Court for custody of his natural children (see paragraphs 7 to 24).

Cases Noticed:

Kastning v. Charles (1987), 80 A.R. 150; 54 Alta. L.R.(2d) 260 (Q.B.), refd to. [para. 5].

W.D. v. G.P. (1984), 54 A.R. 161; 32 Alta. L.R.(2d) 232 (C.A.), refd to. [para. 8].

Walker v. Smith (1987), 87 A.R. 65; 56 Alta. L.R.(2d) 285 (Q.B.), folld. [para. 11].

Valiquette v. Jabs (1986), 72 A.R. 133, refd to. [para. 15].

Re K., [1965] A.C. 201, refd to. [para. 29].

Young v. Young (1985), 65 A.R. 347; 41 Alta. L.R.(2d) 66 (Q.B.), refd to. [para. 29].

M. v. M. (1985), 70 A.R. 205; 42 Alta. L.R.(2d) 383 (Q.B.), refd to. [para. 31].

Statutes Noticed:

Domestic Relations Act, R.S.A. 1980, c. D-37, sect. 47 [para. 7].

Vital Statistics Act, R.S.A. 1980, c. V-4, sect. 34 [para. 10].

Counsel:

A.W. Fraser, for the respondent;

Michel D. Meunier, for the appellant.

This appeal was heard by Roslak, J., of the Alberta Court of Queen's Bench. The decision of Roslak, J., was delivered at Edmonton, Alberta, on September 19, 1988.