Rempel v. Reynolds, (1991) 94 Sask.R. 299 (QB)

• Judge: Grotsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 06, 1991
• Jurisdiction: Saskatchewan
• Citations: (1991), 94 Sask.R. 299 (QB)

Rempel v. Reynolds (1991), 94 Sask.R. 299 (QB)

MLB headnote and full text

Michelle Leona Rempel, formerly Reynolds (petitioner/applicant) v. Ronald William Reynolds (respondent)

and

Michelle Leona Rempel, formerly Reynolds (petitioner/respondent) v. Ronald William Reynolds (respondent/applicant)

(Q.B. No. 628)

Indexed As: Rempel v. Reynolds

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Grotsky, J.

August 12, 1991.

Summary:

A mother applied to vary custody granted by consent to the father. She also sought maintenance. The father applied for transfer of the application to British Columbia, where he and the child resided.

The Saskatchewan Court of Queen's Bench allowed the father's application.

Family Law - Topic 2118

Custody of children - Jurisdiction - Where child is resident outside the prov­ince - A father had cus­tody of a 12 year old girl - They resided in British Colum­bia - She came to Saskatchewan to visit her mother pursuant to access provisions in a decree nisi - The child was not born in Saskatchewan and had only been in Saskatchewan on short visits - Cogent evidence about the child, evidence about the child, such as her family life, care, upbringing, education, friends and activ­ities, were readily available in British Columbia - The Saskatchewan Court of Queen's Bench transferred an application for variation of custody to British Colum­bia in the child's best interests and for the fair and proper administration of justice.

Cases Noticed:

Bazant v. Bazant (1981), 7 Sask.R. 375, refd to. [para. 20].

Bender v. Bender (1983), 25 Sask.R. 235, refd to. [para. 20].

Eppen v. Rostad, [1988] Sask. D. 1542-01; 64 Sask.R. 172, refd to. [para. 20].

Dineo v. Dineo (1980), 4 Sask.R. 228, refd to. [para. 21].

Kern (Mansi) v. Kern (1989), 19 R.F.L.(3d) 350 (B.C.S.C.), consd. [para. 25].

Astle v. Walton (1987), 85 A.R. 331; 10 R.F.L.(3d) 199 (Q.B.), consd. [para. 25].

Turnbull v. Turnbull (1990), 80 Sask.R. 277, consd. [para. 25].

Statutes Noticed:

Divorce Act, S.C. 1986, c. 4, sect. 6(3) [para. 3].

Counsel:

S.D. Loewen, for Michelle Leona Rempel;

L.J. Zatlyn, for Ronald William Reynolds;

Y.G.K. Wilkinson, for Sandy Marie Reynolds.

This application was heard before Grotsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered oral judgment on August 6, 1991, and the following written reasons on August 12, 1991.