R.D. v. W.B.S. and L.S., (1991) 1 B.C.A.C. 213 (CA)

• Judge: Carrothers, Hutcheon and Taylor, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: February 13, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 213 (CA)

R.D. v. W.B.S. (1991), 1 B.C.A.C. 213 (CA);

    1 W.A.C. 213

MLB headnote and full text

R.D. (appellant/respondent) v. W.B.S. and L.S. (respondent/petitioners)

(CA10666)

Indexed As: R.D. v. W.B.S. and L.S.

British Columbia Court of Appeal

Carrothers, Hutcheon and Taylor, JJ.A.

June 5, 1991.

Summary:

B. was a 13 year old boy. B.'s natural mother and her present husband, who was not the boy's biological father, were married for nine years. The natural mother and her present husband (the petitioners) applied for an adoption order respecting B. and asked the court to dispense with B.'s biological father's consent to the adoption.

The British Columbia Supreme Court allowed the petitioners' application, dispensed with the biological father's consent and granted an adoption order. The court allowed liberal but specific continued access to B. by the boy's natural father.

Family Law - Topic 1569

Adoption - Consent of parents - Dispensing with consent - Grounds for - A boy's biological mother and her husband of nine years petitioned to adopt the boy without the consent of the boy's natural father - Numerous custody battles respecting the boy had taken place over a number of years - The natural father maintained a relationship with the boy but did not always support him financially - The trial judge granted the adoption order and dispensed with consent, but ordered continuing access by the natural father - The judge dispensed with consent because, inter alia, of the biological father's financial neglect, it was in everyone's best interests for litigation to end and the petitioners did not oppose continuing access.

Cases Noticed:

Re Alberta Registration 78-08-022716 (1986), 1 R.F.L.(3d) 1 (B.C.C.A.), refd to. [paras. 9, 10, 16].

King v. Mr. & Mrs. B, [1985] 1 S.C.R. 87; [1985] 3 W.W.R. 1; 57 N.R. 17; 58 A.R. 275; 44 R.F.L.(2d) 113; 16 D.L.R.(4th) 576, refd to. [para. 15].

K.K. v. G.L. and B.J.L. - see King v. Mr. & Mrs. B.

King v. Lowe - see King v. Mr. & Mrs. B.

Statutes Noticed:

Adoption Act, R.S.B.C. 1979, c. 4, sect. 8(8).

Counsel:

L.A. Kahn, for the appellant;

   K.P. Jensen, for the respondents.

This appeal was heard in Vancouver, B.C., on February 13, 1991, before Carrothers, Hutcheon and Taylor, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered by Carrothers, J.A., on June 5, 1991.