A.N.S.D., Re, (1998) 171 Sask.R. 128 (QB)

• Judge: Wilkinson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 03, 1998
• Jurisdiction: Saskatchewan
• Citations: (1998), 171 Sask.R. 128 (QB)

A.N.S.D., Re (1998), 171 Sask.R. 128 (QB)

MLB headnote and full text

Temp. Cite: [1998] Sask.R. TBEd. SE.008

In The Matter Of an Adoption of A.N.S.D by S.G.T.

(1998 ADP No. 37)

Indexed As: A.N.S.D., Re

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Wilkinson, J.

September 3, 1998.

Summary:

A stepfather commenced an application in Saskatchewan to adopt his wife's child. The father commenced custody pro­ceedings in the Superior Court of California, where he resided. At issue was jurisdiction and dis­pensing with the father's consent.

The Saskatchewan Court of Queen's Bench, Family Law Division, held that it had jurisdiction to hear the application because the adopting parent and the child resided or were domiciled in Saskatchewan.

Conflict of Laws - Topic 2382

Family law - Adoption - Jurisdiction - A stepfather commenced an adoption appli­cation in Saskatchewan to adopt his wife's child - The natural father, who resided in California, then commenced a custody proceeding in the Superior Court of California - The natural parents and the child were all American citizens - The child resided with the mother since birth - The stepfather, the mother and the child moved to Saskatchewan in November, 1995 - The father had made no previous attempt for custody or access to the child -The Saskatchewan Court of Queen's Bench, Family Law Division, held that it had jurisdiction to hear the adoption - For adoptions, a court had jurisdiction where the adopting parent, or parents, and the child resided or were domiciled at the time of the hearing.

Family Law - Topic 1423

Adoption - Jurisdiction - Residence of child or parents - [See Conflict of Laws - Topic 2382 ].

Cases Noticed:

Burnfiel v. Burnfiel, [1926] 1 W.W.R. 657; 20 Sask. L.R. 407 (C.A.), refd to. [para. 10].

Paquette v. Galipeau, [1981] 1 S.C.R. 29; 37 N.R. 421, refd to. [para. 11].

S.M.S. v. J.P.A. (1992), 38 R.F.L.(3d) 113 (B.C.C.A.), refd to. [para. 12].

Baby Girl A, Re (1991), 282 Cal. Rptr. 105; 230 Cal. App.3d 1611 (Dist. Ct. App.), refd to. [para. 12].

J.B. v. C.W.S. (1996), 19 R.F.L.(4th) 49 (Ont. Gen. Div.), refd to. [para. 14].

Male Child, New York U.S.A., Birth Reg­istration No. 1480, Re (1994), 88 B.C.L.R.(2d) 314 (S.C.), refd to. [para. 15].

Huber v. West, [1986] N.J. No. 165, refd to. [para. 16].

H.A.D. and R.M.D. v. N.C.M. (1993), 145 A.R. 200; 55 W.A.C. 200 (C.A.), refd to. [para. 17].

J.W.S. v. N.C.M. - see H.A.D. and R.M.­D. v. N.C.M.

S. v. Minister of Social Services, [1983] 5 W.W.R. 671 (Sask. C.A.), refd to. [para. 21].

Authors and Works Noticed:

Phillimore, International Law, generally [para. 10].

Counsel:

S.L. Fitzsimmons, for the applicant;

No one appearing for the respondent.

This application was heard by Wilkinson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following fiat on September 3, 1998.