MacDonald v. Bryzgalska, 2007 SKQB 127

• Judge: Popescul, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 12, 2007
• Jurisdiction: Saskatchewan
• Citations: 2007 SKQB 127;(2007), 296 Sask.R. 79 (FD)

MacDonald v. Bryzgalska (2007), 296 Sask.R. 79 (FD)

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. AP.008

John Jason MacDonald (petitioner) v. Malgorzata Aleksandra Bryzgalska (respondent)

(2006 DIV. No. 584; 2007 SKQB 127)

Indexed As: MacDonald v. Bryzgalska

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

Popescul, J.

April 12, 2007.

Summary:

Spouses separated. They had one child. The spouses entered into an interspousal contract. The child resided with the mother and the father had reasonable access. The mother applied for an interim order under s. 16 of the Divorce Act or s. 6 of the Children's Law Act granting interim joint custody to the parents with the primary residence with the mother and an interim order permitting the mother to move with the child to Calgary, Alberta, for employment.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered that the spouses have joint custody of the child and the primary residence of the child be with his mother in Saskatchewan.

Family Law - Topic 2051

Custody and access - Interim custody - Considerations - Spouses separated - They had one child - The spouses entered into an interspousal contract - The child resided with the mother and the father had reasonable access - The mother applied for an interim order under s. 16 of the Divorce Act or s. 6 of the Children's Law Act granting interim joint custody to the parents with the primary residence with the mother and an interim order permitting the mother to move with the child to Calgary, Alberta, for employment - The Saskatchewan Court of Queen's Bench, Family Law Division, ordered that the spouses have joint custody of the child and the primary residence of the child be with his mother in Saskatchewan - Firstly, this was not one of those cases where the court was completely comfortable in allowing the child to relocate - Although the mother had some significant prospects of employment in Alberta, her plans were not definite and were still in the formative stage - Secondly, absent child protection concerns (which concerns did not exist in this case), status quo should be maintained until trial - Thirdly, although possible, the court ought to be reluctant to interfere, on an interim basis, with an established parenting regime that was working reasonably well.

Family Law - Topic 2055

Custody and access - Interim custody - Removal of child from jurisdiction - [See Family Law - Topic 2051 ].

Family Law - Topic 4059

Divorce - Corollary relief - Custody of children - Interim custody - [See Family Law - Topic 2051 ].

Cases Noticed:

Malloy v. Quilty (1999), 186 Sask.R. 95; 1999 SKQB 47, refd to. [para. 12].

Peterson v. Hurl, [2000] Sask.R. Uned. 105; 2000 SKQB 113 (Fam. Div.), refd to. [para. 12].

C.P.-N. v. J.J.M.M., [2002] Sask.R. Uned. 132; 2002 SKQB 299 (Fam. Div.), refd to. [para. 12].

D.M. v. M.B., 2002 SKQB 397, refd. [para. 12].

Griffith v. MacNeil, [2003] Sask.R. Uned. 198; 2003 SKQB 377 (Fam. Div.), refd to. [para. 12].

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. 13].

Gilbert v. Wildman, [2006] Sask.R. Uned. 101; 2006 SKQB 291 (Fam. Div.), refd to. [para. 17].

Webster v. Webster (2006), 284 Sask.R. 151; 2006 SKQB 386 (Fam. Div.), refd to. [para. 17].

Orth v. Orth (1998), 168 Sask.R. 1; 173 W.A.C. 1 (C.A.), refd to. [para. 19].

Counsel:

W.P. Langen, for the petitioner;

C.L. Haaf, for the respondent.

This application was heard by Popescul, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Saskatoon, who delivered the following fiat on April 12, 2007.