McCheane v. Godfrey, 2015 SKQB 158

Judge:Keene, J.
Court:Court of Queen's Bench for Saskatchewan
Case Date:June 01, 2015
Jurisdiction:Saskatchewan
Citations:2015 SKQB 158;(2015), 478 Sask.R. 1 (FD)
 
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McCheane v. Godfrey (2015), 478 Sask.R. 1 (FD)

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Temp. Cite: [2015] Sask.R. TBEd. JL.040

James Edward McCheane (petitioner) v. Terra Lea Sharon Godfrey (respondent)

(2013 F.L.D. No. 24; 2015 SKQB 158)

Indexed As: McCheane v. Godfrey

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Moose Jaw

Keene, J.

June 1, 2015.

Summary:

The parties commenced a common law relationship in April 2002. The mother's two daughters (Annie and Beckie) from a prior relationship became part of the new family unit. The parties had one son (Eddie), born May 22, 2006. The parties separated on July 7, 2012. The father petitioned for, inter alia, joint custody of all three children with the primary residence being with him, and child support. An interim order granted the parties joint custody of the children, with their primary residence being with the mother. A custody and access report recommended that Annie and Beckie continue to reside with the mother and for Eddie to reside with the father. Annie moved in with the father. Beckie went to reside with her biological father. The mother had a child with her new partner. By the time of trial, the only issues to be decided were where Eddie should primarily reside (joint custody was to continue) and support for Annie and Eddie.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered that Eddie was to primarily reside with the father and the mother was to have access. The court determined Guideline child support that the mother was to pay.

Family Law - Topic 1881

Custody and access - Considerations in awarding custody - Welfare or best interests of child paramount - The parties commenced a common law relationship in April 2002 - The mother's two daughters (Annie and Beckie) from a prior relationship became part of the new family unit - The parties had one son (Eddie), born May 22, 2006 - They separated on July 7, 2012 - The father petitioned for, inter alia, joint custody of all three children with the primary residence being with him - An interim order granted the parties joint custody, with the children's primary residence being with the mother - A custody and access report recommended that Annie and Beckie continue to reside with the mother and for Eddie to reside with the father - Annie moved in with the father - Beckie moved in with her biological father - The mother had a daughter with her new partner - At issue was where Eddie should primarily reside - The Saskatchewan Court of Queen's Bench, Family Law Division, in determining Eddie's best interests, considered that, inter alia, (1) his paternal relationship was of greater "quality" that his maternal relationship; (2) his emotional needs were better fulfilled by the father; (3) the father seemed more organized and would be more responsible and open to the sharing of important information regarding Eddie; (4) the father offered a more stable home environment than the mother who had moved frequently and was contemplating moving again; (5) Eddie would have to change schools if he lived with the father, but he did not have a well maintained connection to the place that he now resided; and (6) the evidence suggested that Eddie (age 9) preferred to live with the father - The court ordered that Eddie's primary residence was to be with the father - Although Eddie would not grow up on a daily basis with his new sister, he could, through access, have a meaningful relationship with her - See paragraphs 36 to 53.

Family Law - Topic 1888

Custody and access - Considerations in awarding custody - Separation of siblings - [See Family Law - Topic 1881 ].

Family Law - Topic 1890

Custody and access - Considerations in awarding custody - Child's preference - [See Family Law - Topic 1881 ].

Family Law - Topic 1895

Custody and access - Considerations in awarding custody - Changing child's residence - [See Family Law - Topic 1881 ].

Family Law - Topic 2076

Custody and access - Joint custody - Principal home - [See Family Law - Topic 1881 ].

Counsel:

James McCheane, on his own behalf;

Terra Godfrey, on her own behalf.

This petition was heard at Moose Jaw, Saskatchewan, by Keene, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, who delivered the following judgment on June 1, 2015.

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