Napper-Whiting v. Whiting, 2014 SKCA 33

• Judge: Richards, C.J.S., Ottenbreit and Herauf, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 25, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKCA 33;(2014), 433 Sask.R. 235 (CA)

Napper-Whiting v. Whiting (2014), 433 Sask.R. 235 (CA);

    602 W.A.C. 235

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. AP.007

Deanna Rae Napper-Whiting (appellant/respondent) v. Christopher Louis Whiting (respondent/petitioner)

(CACV2504; 2014 SKCA 33)

Indexed As: Napper-Whiting v. Whiting

Saskatchewan Court of Appeal

Richards, C.J.S., Ottenbreit and Herauf, JJ.A.

March 25, 2014.

Summary:

The parties' five year old son had been living with his mother since the parties separated in June 2011. Pursuant to a separation agreement executed in June 2012, the child's primary residence was to be with the mother and the father was given reasonable access. The father petitioned for divorce and applied for interim primary residence of the child. The chambers judge granted the application. The mother appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Family Law - Topic 2054

Custody and access - Interim custody - Variation of - The parties' five year old son had been living with his mother since the parties separated in June 2011 - Pursuant to a separation agreement executed in June 2012, the child's primary residence was to be with the mother and the father was given reasonable access - The father petitioned for divorce and applied for interim primary residence of the child - The chambers judge granted the application - The Saskatchewan Court of Appeal dismissed the mother's appeal - Although the chambers judge failed to find that the child was "in some way at risk, or other compelling reason", a careful reading of the material before the chambers judge indicated that there might have been sufficient evidence before him to satisfy the test for making changes to interim custody arrangements - The court was reluctant to change the interim primary residence of the child, who had been living with the father since November 2013.

Cases Noticed:

Guenther v. Guenther (1999), 181 Sask.R. 83 (Q.B. Fam. Div.), refd to. [para. 3].

Counsel:

Kristin Greenough, for the appellant;

Karina Jackson, for the respondent.

This appeal was heard on March 25, 2014, before Richards, C.J.S., Ottenbreit and Herauf, JJ.A., of the Saskatchewan Court of Appeal, who dismissed the appeal orally on the same date. Herauf, J.A., delivered the following written reasons on March 27, 2014.