S. v. B., (1981) 35 A.R. 255 (QB)

• Judge: McDonald, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 29, 1981
• Citations: (1981), 35 A.R. 255 (QB)

S. v. B. (1981), 35 A.R. 255 (QB)

MLB headnote and full text

S. v. B.

(No. CWA 20437)

Indexed As: S. v. B.

Alberta Court of Queen's Bench

Judicial District of Calgary

McDonald, J.

December 1, 1981.

Summary:

A mother and her new husband applied for an adoption order for her son and applied for an order to dispense with the consent of the father. The Alberta Court of Queen's Bench dismissed both applications.

Family Law - Topic 1570

Adoption - Dispensing with consent - Whether the grounds for withholding a consent are insufficient - Child Welfare Act, s. 54(3.1) - The child to be adopted was born in 1976 the year of his parents' divorce - The child's mother and her new husband applied to adopt the child and to have the consent of the father dispensed with - The father supported the child, but seldom visited him - The father was fearful that his visiting privileges would be withdrawn - The Alberta Court of Queen's Bench found that in such circumstances the father was justified in withholding his consent and dismissed the application for adoption order.

Cases Noticed:

Re Alty (1961), 27 D.L.R.(2d) 298 (Alta. C.A.), refd to. [para. 5].

Hawkins v. Addison (1955), 15 W.W.R.(N.S.) 18 (Alta. C.A.), folld. [para. 5].

Re Adoption Nos. 29191 and 29192, 5 A.R. 313; (1977), 2 Alta. L.R.(2d) 135, folld. [para. 6].

Statutes Noticed:

Child Welfare Act, R.S.A. 1970, c. 45, sect. 54(4)(c) [para. 4]; sect. 54(3.1) [para. 6].

Counsel:

J. Blumi, for the mother;

J.M. Borris, for the father.

This case was heard by McDONALD, J., of the Alberta Court of Queen's Bench who dismissed the application, at Edmonton on December 29, 1981.