Lachance v. Cloutier, (1982) 36 A.R. 124 (ProvCt)

• Judge: Bowker, J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 18, 1982
• Citations: (1982), 36 A.R. 124 (ProvCt)

Lachance v. Cloutier (1982), 36 A.R. 124 (ProvCt)

MLB headnote and full text

Lachance v. Cloutier

Indexed As: Lachance v. Cloutier

Alberta Provincial Court

Family Division

Bowker, J.

February 18, 1982

Summary:

A putative father applied for an order of access to his two children of a common law relationship. The Alberta Family Court dismissed the application.

Family Law - Topic 2004

Access to children - Grounds for refusal of access - A putative father applied for an order of access to his two very young children - The children's ages were such that if an access order was granted there would have to be communication between the parents - The level of hostility was so high that satisfactory dialogue between the parents was improbable - The Alberta Family Court considering the best interest of the children denied the order of access - The court stated that visitation could only cause further disruption in the lives of the children - See paragraphs 12, 15 and 25.

Cases Noticed:

White v. Barrett, [1973] 3 W.W.R. 293 (Alta. A.C.), ref'd to. [para. 3].

Re Alderman (1962), 32 D.L.R.(2d) 71 (Sask. Q.B.), ref'd to. [para. 3].

Re Crespy (1970), 21 D.L.R.(3d) 166 (Ont. C.A.), ref'd to. [para. 3].

Knudslienn v. Rivard (1979), 5 R.F.L.(2d) 264 (Alta. Prov. Ct.), ref'd to. [para. 3].

Wedemire v. Williams (1979), 5 R.F.L.(2d) 387 (Ont. H.C.), appld. [para. 4].

Stokes v. Stokes (1974), 19 R.F.L. 326 (Ont. H.C.), appld. [para. 11].

Re Maher (1977), 25 R.F.L. 252 (Nfld. S.C.), appld. [para. 14].

Re Walker (1923), 25 O.W.N. 268, appld. [para. 15].

Gingell v. R. (1975), 5 N.R. 443; 55 D.L.R.(3d) 589, ref'd to. [para. 19].

Brule & Air Canada v. Plummer, [1979] 2 S.C.R. 343; 25 N.R. 118, ref'd to. [para. 19].

Statutes Noticed:

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

Domestic Relations Act, R.S.A. 1980, c. D-37, sect. 47 [paras. 19, 20].

Counsel:

Beverley A. Browne, for the applicant;

E.A. Bridges, for the respondent.

This application was heard by BOWKER, J., of the Alberta Provincial Court, Family Division. The judgment of BOWKER, J., was delivered on February 18, 1982, at Edmonton, Alberta.