Quintal v. Boucher, (1977) 5 A.R. 111 (SurCt)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 17, 1977
• Citations: (1977), 5 A.R. 111 (SurCt)

Quintal v. Boucher (1977), 5 A.R. 111 (SurCt)

MLB headnote and full text

Quintal v. Boucher

Indexed As: Quintal v. Boucher

Alberta Surrogate Court

Judicial District of Edmonton

Stevenson, J.

January 17, 1977.

Summary:

This headnote contains no summary.

Infants - Topic 2683

Illegitimate children - Custody of - By putative father - The father of a four year old illegitimate girl lived with the mother until the mother left with the child in February, 1976, and began to live with another man - The mother returned two months later for a brief reconciliation, which ended and the mother became involved in a barroom brawl and was jailed - The girl remained with her father from that point - The father filed an application for custody - The Alberta Surrogate Court granted the application - The Surrogate Court stated that the welfare of the child was the paramount consideration in an application for custody by a putative father.

Cases Noticed:

Logue v. Burrell (1970), 3 R.F.L. 63, not folld. [para. 2].

Houle v. Morissette (1974), 19 R.F.L. 380, refd to. [para. 3].

McGee v. Waldern and Cunningham, [1971] 4 W.W.R. 684, appld. [para. 3].

Nelson v. Findlay and Findlay, [1974] 4 W.W.R. 272, consd. [para. 4].

Counsel:

E.K. Boddy, for the applicant;

M.R. Turfus, for the respondent;

E.M. Unsworth, for the amicus curiae.

This case was heard at Edmonton, Alberta, before STEVENSON, J., of the Alberta Surrogate Court, Judicial District of Edmonton.

On January 17, 1977, STEVENSON, J., delivered the following judgment: