Peacock v. Peacock, (1979) 19 A.R. 534 (QB)

• Judge: Hetherington, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 26, 1979
• Citations: (1979), 19 A.R. 534 (QB)

Peacock v. Peacock (1979), 19 A.R. 534 (QB)

MLB headnote and full text

Peacock v. Peacock

Indexed As: Peacock v. Peacock

Alberta Court of Queen's Bench

Hetherington, J.

November 26, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 1958

Custody and access to children - Variation of custody and access rights - Evidence to support application - A husband was denied custody and access to his child - The husband subsequently applied for an order granting him access and a psychiatric assessment of his child - The Alberta Court of Queen's Bench dismissed the application - The Queen's Bench held that the psychiatric assessment was not in the child's best interest because it would create an emotional and psychological trauma - See paragraph 15.

Family Law - Topic 2004

Custody and access to children - Access - Grounds for refusal - A husband was denied custody and access to his child - The husband subsequently applied for another order granting him access - The husband remarried and was living within a block of the matrimonial home - The Alberta Court of Queen's Bench dismissed the application - The Queen's Bench stated that the husband was originally denied access because of his egocentric and insensitive attitude toward his child - The Queen's Bench held that the husband, by moving into the same vicinity as the child, confirmed to the court that his attitude had not changed and therefore his application was denied - See paragraphs 12 to 14.

Family Law - Topic 2010

Custody and access to children - Access awards - Time and place limitations - A husband was denied custody and access to his child - The husband remarried and was living within a block of the matrimonial home - A restraining order was issued which prevented the husband and members of his new family from going within 300 feet of the matrimonial home - The wife subsequently moved and the husband applied to have the above prohibition vacated - The Alberta Court of Queen's Bench allowed the husband's application to delete the place limitation from the restraining order - See paragraph 16.

Counsel:

P.L. Sveen, for the respondent;

C.M. Campbell, for the petitioner.

This case was heard by HETHERINGTON, J., of the Alberta Court of Queen's Bench.

On November 26, 1979, HETHERINGTON, J., delivered the following judgment: