Martin v. Martin, (1988) 58 Man.R.(2d) 74 (QB)

• Judge: Oliphant, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 16, 1988
• Jurisdiction: Manitoba
• Citations: (1988), 58 Man.R.(2d) 74 (QB)

Martin v. Martin (1988), 58 Man.R.(2d) 74 (QB)

MLB headnote and full text

Earl Samuel Martin (petitioner) v. Heather Ethel Martin (respondent)

(Suit No. 88/02/69)

Indexed As: Martin v. Martin

Manitoba Court of Queen's Bench

Brandon Centre

Oliphant, J.

December 16, 1988.

Summary:

A husband and wife each sought custody of their two infant children after the wife left the family home.

The Manitoba Court of Queen's Bench awarded custody to the husband.

Family Law - Topic 1881

Custody - Considerations - Welfare of child paramount - Two young parents each sought custody of their infant children - Both parents worked in the restaurant business - Husband's mother babysat - Mother left the children and the family home after an argument with the husband - Husband had de facto custody and under an ex parte order - The Manitoba Court of Queen's Bench reviewed the relevant statutory and case law relating to the best interests of the child and the tender years doctrine - See paragraphs 32 to 42 - The court awarded custody to the father.

Family Law - Topic 1884

Custody - Considerations - Tender years doctrine - [See Family Law - Topic 1881 above].

Cases Noticed:

Roebuck v. Roebuck (1983), 45 A.R. 180; 34 R.F.L.(2d) 277, refd to. [para. 33].

Talsky v. Talsky, [1976] 2 S.C.R. 292; 7 N.R. 246, refd to. [para. 35].

Desilets v. Desilets (1976), 22 R.F.L. 87, refd to. [para. 38].

Ferjan v. Ferjan (1980), 4 Man.R.(2d) 346, refd to. [para. 40].

Statutes Noticed:

Family Maintenance Act, R.S.M. 1987, c. F-20, sect. 2(1), sect. 39(2), sect. 39(3) [para. 32].

Counsel:

R.H. Johnston, for the petitioner;

W.W. Riedel, for the respondent.

This application was heard before Oliphant, J., of the Manitoba Court of Queen's Bench, who delivered the following judgment on December 16, 1988: