Schaber v. Schaber, (1977) 3 A.R. 76 (TD)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 16, 1977
• Citations: (1977), 3 A.R. 76 (TD)

Schaber v. Schaber (1977), 3 A.R. 76 (TD)

MLB headnote and full text

Schaber v. Schaber

Indexed As: Schaber v. Schaber

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Milvain, C.J.

February 16, 1977.

Summary:

This headnote contains no summary.

Family Law - Topic 1889

Custody and access - Custody considerations - Capacity of parents - Custody of two girls, aged 6 and 4.5 - After 10 years of marriage the mother left the matrimonial home and her children to live with another man, who himself had a wife and four children - Both the mother and father were good parents - The father cared for the girls well after the mother left and could offer a more stable environment than the wife with her new, unsettled relationship - Upon the father's successful petition for divorce the Alberta Supreme Court, Trial Division, awarded custody of the girls to their father.

Counsel:

D.J. Chernichen, for the petitioner (respondent);

R.N. Surkan, for the respondent (petitioner).

This case was heard before MILVAIN, C.J., of the Alberta Supreme Court, Trial Division.

On February 16, 1977, MILVAIN, C.J., delivered the following judgment: