Lachance v. Lachance et al., 2000 SKQB 372

• Judge: Klebuc, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 07, 2000
• Jurisdiction: Saskatchewan
• Citations: 2000 SKQB 372;(2000), 198 Sask.R. 318 (FD)

Lachance v. Lachance (2000), 198 Sask.R. 318 (FD)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. DE.003

Velma Rose Lachance (petitioner) v. Joseph Morris Lachance and Melissa Kiseyinewakup (respondents)

(1999 DIV. No. 4185; 2000 SKQB 372)

Indexed As: Lachance v. Lachance et al.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Battleford

Klebuc, J.

September 7, 2000.

Summary:

A mother petitioned for divorce and an order for custody and child support respect­ing three children and an order for custody and child support under the Children's Law Act. She also applied for interim custody and child support. The father filed an answer and counterpetition seeking custody and child support. He was given interim custody of the two older children. The father failed to attend a scheduled pretrial conference. The mother moved to strike out the father's answer and counterpetition and requested permanent custody of the two youngest children.

The Saskatchewan Court of Queen's Bench struck the father's answer and counterpeti­tion and granted the mother interim custody of the two younger children.

Family Law - Topic 2093

Custody and access - The hearing - Non­appearance of party - A mother peti­tioned for divorce seeking custody and child support respecting three children - She also sought custody and child support under the Children's Law Act - The father failed to attend a scheduled pretrial con­ference - The mother moved to strike out the fath­er's answer and counterpetition for cus­tody and child support and requested per­manent custody of the two youngest children - The Saskatchewan Court of Queen's Bench struck the father's answer and counter-petition rather than award costs (collection of costs would be diffi­cult) - Permanent custody could not be granted under the Divorce Act before a divorce judgment was granted nor under Children's Law Act until an application for judgment was made - The mother received interim custody of and child support for the two youngest children.

Family Law - Topic 4059

Divorce - Corollary relief - Custody of children - Interim custody - [See Family Law - Topic 2093 ].

Family Law - Topic 4129

Divorce - Practice - General - Loss of right to defend - [See Family Law - Topic 2093 ].

Cases Noticed:

Kletchko v. Gerhardt et al. (1984), 36 Sask.R. 50 (Q.B.), refd to. [para. 5].

Counsel:

M.L. Piché, for the petitioner;

No one appearing for the respondents.

This application was heard before Klebuc, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Battleford, who released the following fiat on September 7, 2000.