Moldowan v. Moldowan, (1979) 1 Sask.R. 316 (CA)

Judge:Woods, Brownridge and Bayda, JJ.A.
Court:Court of Appeal for Saskatchewan
Case Date:December 21, 1979
Jurisdiction:Saskatchewan
Citations:(1979), 1 Sask.R. 316 (CA)
 
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Moldowan v. Moldowan (1979), 1 Sask.R. 316 (CA)

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Moldowan v. Moldowan

(No. 7258)

Indexed As: Moldowan v. Moldowan

Saskatchewan Court of Appeal

Woods, Brownridge and Bayda, JJ.A.

December 21, 1979.

Summary:

This case arose out of an application by a father for the custody of two infant children. The father and the mother previously agreed that the mother was entitled to custody of the children. However, the father refused to return the children after the mother had left the children temporarily with the father. The trial court stated that the children should remain with the father until an application for an order for custody is made under Rule 521 of the Saskatchewan Rules of Court. The mother appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal allowed the appeal and ordered the father to deliver custody of the children to the mother. The Court of Appeal stated that the de jure status quo should be maintained rather than the de facto status quo pending an application under the Saskatchewan Infants Act.

Family Law - Topic 2185

Custody and access to children - Practice - Application under the Infants Act - The Saskatchewan Court of Appeal stated that an application for custody under the Saskatchewan Infants Act should be made by way of originating notice and not by notice of motion - See paragraph 9.

Family Law - Topic 1843

Custody and access to children - Custody agreements - Effect of custody agreements - The Saskatchewan Court of Appeal stated that custody agreements should be enforced until there is a court order to the contrary - See paragraph 10.

Cases Noticed:

Kempf v. Kempf, [1945] 3 W.W.R. 614, refd to. [para. 9].

Statutes Noticed:

Infants Act, S.S. 1978, c. 32, sect. 2(5) [para. 8].

Rules of Court (Sask.), rule 521 [para. 7].

Counsel:

E.F.A. Merchant, for the appellant mother;

R.J. Gebhard, for the respondent.

This appeal was heard by WOODS, BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by BROWNRIDGE, J.A., at Regina, Saskatchewan on December 21, 1979.

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