M.A.A. v. O.S.-P., (2014) 463 Sask.R. 200 (FD)

• Judge: Brown, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 04, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 463 Sask.R. 200 (FD);2014 SKQB 395

M.A.A. v. O.S.-P. (2014), 463 Sask.R. 200 (FD)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. DE.075

M.A.A. (petitioner) v. O.S.-P. (formerly S.)

(respondent)

(2014 F.L.D. No. 287; 2014 SKQB 395)

Indexed As: M.A.A. v. O.S.-P.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

Brown, J.

December 4, 2014.

Summary:

The parties separated in 2011 after a tumultuous relationship. They had two children. The mother was granted custody of the children by a Nova Scotia court in January 2013. The father had served terms of incarceration as a result of his violence toward the mother and the children. He was presently on probation and was required to have no contact with the mother or the children until November 2015. The mother and children had recently moved to Saskatoon, where the mother had remarried and given birth to a third child. She applied to vary the January 2013 order so that she could relocate the family to England. The father applied for joint custody and access to the children on alternating weekends.

The Saskatchewan Court of Queen's Bench, Family Law Division, allowed the mother's application and dismissed the father's application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Family Law - Topic 1890

Custody and access - Considerations in awarding custody - Child's preference - [See Family Law - Topic 1948 ].

Family Law - Topic 1891

Custody and access - Considerations in awarding custody - Conduct of parents - [See Family Law - Topic 1948 ].

Family Law - Topic 1895

Custody and access - Considerations in awarding custody - Changing child's residence - [See Family Law - Topic 1948 ].

Family Law - Topic 1898

Custody and access - Considerations in awarding custody - Custodial parent moving from jurisdiction - [See Family Law - Topic 1948 ].

Family Law - Topic 1948

Custody and access - Variation of custody and access rights - Change of residence of child - The parties separated in 2011 after a tumultuous relationship - The mother was granted custody of their two children by a Nova Scotia court in January 2013 - The father had been incarcerated as a result of his violence toward the mother and the children, and also former partners and children - There had been no contact between the father and the children since May 2012 - The father was presently on probation and was required to have no contact with the mother or the children until November 2015 - The mother and children had recently moved to Saskatoon, where the mother had remarried and given birth to a third child - She applied to vary the January 2013 order so that she could relocate the family to England, where her new husband's mother lived - The Saskatchewan Court of Queen's Bench, Family Law Division, granted the application - There were significant family connections and exceptional educational opportunities for the children in England - The children had little connection to Saskatoon and wanted to move to England - Given the father's complete lack of involvement since May 2012 due to his own actions, his failure to pay any support, and the no-contact order, the mother's plans to relocate were compelling and clearly in the children's best interests - See paragraphs 33 to 41.

Family Law - Topic 1991

Custody and access - Access - Considerations in awarding access - Welfare of child - [See Family Law - Topic 2001 ].

Family Law - Topic 1994

Custody and access - Access - Considerations in awarding access - Conduct of parents - [See Family Law - Topic 2001 ].

Family Law - Topic 2001

Custody and access - Access - Right to access - Conditions precedent - The parties separated in 2011 after a tumultuous relationship - The mother was granted custody of their two children in January 2013 - The father had been incarcerated as a result of his violence toward the mother and the children, and also former partners and children - He was presently on probation and was required to have no contact with the mother or the children until November 2015 - The father applied for joint custody and access to the children on alternating weekends - The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the application - First, no application had been brought to vary the probation order, and the father had not shown that the circumstances warranted a variation in any event - The court would have dismissed the application even if it were analysed on a civil basis - The father continued to minimize responsibility for the fear that the mother and children had of him - The father would have to complete significant counselling and show that the children would benefit from and were ready to have contact with him - The father's application showed that he continued to lack an understanding of the consequences of his actions - See paragraphs 15 and 16.

Family Law - Topic 2005

Custody and access - Access - Access orders - Jurisdiction of court respecting - [See Family Law - Topic 2001 ].

Cases Noticed:

Yousuf v. Shoaib (2007), 35 R.F.L.(6th) 293; 2007 ONCJ 80, refd to. [para. 15].

Mantyka v. Dueck (2012), 399 Sask.R. 303; 552 W.A.C. 303; 2012 SKCA 109, refd to. [para. 21].

Gordon v. Goertz, [1996] 2 S.C.R. 27; 196 N.R. 321; 141 Sask.R. 241; 114 W.A.C. 241, refd to. [para. 21].

H.S. v. C.S. (2006), 279 Sask.R. 55; 372 W.A.C. 55; 2006 SKCA 45, refd to. [para. 26].

Griffith v. MacNeil, [2003] Sask.R. Uned. 198; 2003 SKQB 377 (Fam. Div.), refd to. [para. 26].

Shiplack v. Shiplack (2008), 317 Sask.R. 223; 2008 SKQB 254 (Fam. Div.), refd to. [para. 26].

Stomp v. Cadman, [2008] Sask.R. Uned. 127; 2008 SKQB 293 (Fam. Div.), refd to. [para. 26].

Cline v. Jagusic (2013), 430 Sask.R. 315; 2013 SKQB 370 (Fam. Div.), refd to. [para. 26].

J.E.K. v. B.K. (2013), 415 Sask.R. 51; 2013 SKQB 59, refd to. [para. 26].

M.D.T. v. M.L.S.M. (2014), 450 Sask.R. 23; 2014 SKQB 209, refd to. [para. 26].

Dufour v. Dufour, [1995] S.J. No. 293 (Q.B.), refd to. [para. 27].

Counsel:

O.S.-P., respondent, self-represented;

M.A., petitioner, self-represented.

These applications were heard before Brown, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Saskatoon, who delivered the following judgment on December 4, 2014.