Shaw v. Shaw, (1989) 104 A.R. 281 (CA)

• Judge: Haddad, Foisy and Irving, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: December 07, 1989
• Citations: (1989), 104 A.R. 281 (CA)

Shaw v. Shaw (1989), 104 A.R. 281 (CA)

MLB headnote and full text

Gordon Ronald Shaw (appellant) v. Carri Ann Shaw (respondent)

(Appeal No. 11369)

Indexed As: Shaw v. Shaw

Alberta Court of Appeal

Haddad, Foisy and Irving, JJ.A.

December 7, 1989.

Summary:

A husband and wife separated in 1976 and divorced in 1988. The husband was awarded custody of their daughters. The father moved to Saskatchewan. The wife applied to vary the custody order.

The Alberta Court of Queen's Bench, in a judgment not reported in this series of reports, awarded the wife custody. The husband appealed.

The Alberta Court of Appeal dismissed the appeal.

Family Law - Topic 1948

Custody - Variation of custody - Change of residence of child - A father was awarded custody of his daughters in a 1988 divorce decree - The father moved to Saskatchewan - The trial judge held that the move was solely to frustrate the mother's access and that it was in the best interests of the children that the custody order be varied to give the mother custody - The Alberta Court of Appeal held that there was evidence to support the trial judge's conclusion; the appeal court would not interfere.

Cases Noticed:

Blanchette v. Blanchette (1976), 1 A.R. 75, refd to. [para. 5].

Alty v. Alty (1961), 27 D.L.R.(2d) 298, refd to. [para. 5].

Genest v. Genest (1970), 73 W.W.R.(N.S.) 81 (B.C.C.A.), refd to. [para. 5].

Statutes Noticed:

Divorce Act, S.C. 1986, c. 4, sect. 17(5) [para. 2].

Counsel:

S. Kubara, for the appellant;

L. Andreachuk, for the respondent.

This appeal was heard on December 7, 1989, before Haddad, Foisy and Irving, JJ.A., of the Alberta Court of Appeal.

On December 7, 1989, the judgment of the Court of Appeal was delivered and the following memorandums of judgment were filed:

Haddad, J.A., for the court - see paragraphs 1 to 8;

Foisy, J.A. - see paragraphs 9 to 10.