Monaghan v. Bobinski, 2015 MBQB 48

• Judge: Thomson, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 20, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBQB 48;(2015), 316 Man.R.(2d) 185 (QBFD)

Monaghan v. Bobinski (2015), 316 Man.R.(2d) 185 (QBFD)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. AP.029

Kassandra Marie Monaghan (petitioner) v. Mitchell Thomas Bobinski (respondent)

(FD 10-05-01452; 2015 MBQB 48)

Indexed As: Monaghan v. Bobinski

Manitoba Court of Queen's Bench

Family Division

Dauphin Centre

Thomson, J.

March 20, 2015.

Summary:

The parties' child was born in 2009 following a brief relationship. Pursuant to a final order pronounced in 2011, the mother was granted primary care and control and the father was granted specified periods of care and control. The mother moved to vary the final order, seeking to relocate with the child to a village 220 km away.

The Manitoba Court of Queen's Bench, Family Division, granted the motion.

Family Law - Topic 1895

Custody and access - Considerations on awarding custody - Changing child's residence - [See Family Law - Topic 1948 ].

Family Law - Topic 1898

Custody and access - Considerations in awarding custody - Custodial parent moving from jurisdiction - [See Family Law - Topic 1948 ].

Family Law - Topic 1948

Custody and access - Variation of custody and access rights - Change of residence of child - The parties' child was born in 2009 following a brief relationship - The father had no contact with the child until she was two years old - In 2011, a final order was pronounced which granted the mother primary care and control and the father specified periods of care and control on alternate weekends and each Wednesday - The mother moved to vary the final order, seeking to relocate with the child to a village 220 km away in order to pursue a relationship which began in 2013 - She proposed that the father would continue to have care and control on alternate weekends, and lose the Wednesday visit but have expanded care and control during the summer and other school holidays - The Manitoba Court of Queen's Bench, Family Division, granted the motion - The father's periods of care and control would be virtually unchanged - The distance from one community to the other was not substantial, and the mother had offered to be responsible for all transportation of the child - The mother had always abided by the terms of the final order, and been reasonable respecting the father's time with the child - Her decision to relocate was not made impulsively - It was founded upon sound and balanced family and economic reasons.

Cases Noticed:

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. 31].

Zeaton v. Zeaton (1999), 142 Man.R.(2d) 36; 212 W.A.C. 36; 3 R.F.L.(5th) 320 (C.A.), refd to. [para. 34].

Desrochers v. Desrochers (1999), 142 Man.R.(2d) 107; 212 W.A.C. 107; 3 R.F.L.(5th) 30 (C.A.), refd to. [para. 34].

Gamble v. Dyck-Gamble, [2000] Man.R.(2d) Uned. 164; 11 R.F.L.(5th) 99; 2000 MBCA 141, refd to. [para. 34].

Delichte v. Rogers - see Rogers v. Rogers.

Rogers v. Rogers (2011), 268 Man.R.(2d) 77; 520 W.A.C. 77; 2011 MBCA 50, refd to. [para. 34].

Leis v. Leis, [2011] Man.R.(2d) Uned. 89; 2011 MBCA 99, refd to. [para. 34].

Kozub v. Burgess, [2013] Man.R.(2d) Uned. 34; 2013 MBCA 64, refd to. [para. 34].

Bjornson v. Creighton (2002), 62 O.R.(3d) 236 (C.A.), refd to. [para. 34].

Rushinko v. Rushinko (2002), 161 O.A.C. 85 (C.A.), refd to. [para. 34].

Orring v. Orring (2006), 232 B.C.A.C. 232; 385 W.A.C. 232; 2006 BCCA 523, refd to. [para. 34].

S.S.L. v. J.W.W. (2010), 284 B.C.A.C. 27; 481 W.A.C. 27; 2010 BCCA 55, refd to. [para. 34].

Berry v. Berry (2011), 285 O.A.C. 366; 7 R.F.L.(7th) 1; 2011 ONCA 705, refd to. [para. 34].

Counsel:

Jacqueline R. Bretecher, for the petitioner;

Marcel J.J.R. Gregoire, for the respondent.

This motion was heard before Thomson, J., of the Manitoba Court of Queen's Bench, Family Division, Dauphin Centre, who delivered the following judgment on March 20, 2015.