McLean v. Barnfield, (1980) 23 A.R. 557 (QB)

• Judge: McFadyen, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 18, 1980
• Citations: (1980), 23 A.R. 557 (QB)

McLean v. Barnfield (1980), 23 A.R. 557 (QB)

MLB headnote and full text

McLean v. Barnfield

(01001)

Indexed As: McLean v. Barnfield

Alberta Court of Queen's Bench

Judicial District of Grand Prairie

McFadyen, J.

June 18, 1980.

Summary:

This case arose out of an application by a mother for custody of her two children under the provisions of s. 11 (2) of the Divorce Act, R.S.C. 1970, c. D-8. The Alberta Court of Queen's Bench awarded custody of the nine year old daughter to the mother, with custody of the 14 year old son to remain with the father - see paragraphs 18 to 19.

Family Law - Topic 1888

Custody and access to children - Separation of siblings - The Alberta Court of Queen's Bench recognized the general rule that siblings should not be separated - See paragraph 19.

Family Law - Topic 1941

Custody of children - Variation of custody and access rights - Changed circumstances of parents - Since the separation, the mother had remarried and had become emotionally stable - The Alberta Court of Queen's Bench found a substantial change in the mother's circumstances for the purpose of s. 11(2) of the Divorce Act - See paragraph 17.

Cases Noticed:

Blanchette v. Blanchette (1976), 1 A.R. 75, refd to. [para. 9].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 11(2) [para. 8].

Counsel:

Ross P. Kneteman, for the applicant;

J. Contu, for the respondent.

This application was heard by McFADYEN, J., of the Alberta Court of Queen's Bench.

McFADYEN, J., delivered the following judgment on June 18, 1980: