Sokolowski, Re, (1978) 21 N.B.R.(2d) 511 (QB)

• Judge: Meldrum, Loc. J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 19, 1978
• Jurisdiction: New Brunswick
• Citations: (1978), 21 N.B.R.(2d) 511 (QB)

Sokolowski, Re (1978), 21 N.B.R.(2d) 511 (QB);

    21 R.N.-B.(2e) 511; 37 A.P.R. 511

MLB headnote and full text

Sommaire et texte intégral

Re Sokolowski

Indexed As: Sokolowski, Re

Répertorié: Sokolowski, Re

New Brunswick Court of Queen's Bench

Meldrum, Loc. J.

April 19, 1978.

Summary:

Résumé:

This headnote contains no summary.

Family Law - Topic 1891

Custody of children - Considerations on awarding custody - Conduct of parents - The parents of a three year old boy were married in 1974 and separated in 1976 - The father moved from job to job or was unemployed during that time but had acquired steady employment since - The mother worked to support the family, while the father did not function adequately as a father or a babysitter while unemployed - The mother had relationships with three men during cohabitation and after - The mother's sister and her husband were willing to adopt the boy, but the father would consent to no such arrangement, even for the good of the boy - The mother was living with her parents, who were willing to care for the boy - The New Brunswick Court of Queen's Bench, awarded custody of the boy to his mother, because he would be looked after by her parents - The Court of Queen's Bench found that neither parent alone was a competent parent.

Cases Noticed:

F. v. F. and C. (1966), 56 W.W.R.(N.S.) 368, consd. [para. 17].

Williams v. Williams, 20 N.B.R.(2d) 640; 34 A.P.R. 640, consd. [para. 19].

Re Thorne (1976), 16 N.B.R.(2d) 254; 21 A.P.R. 254; 29 R.F.L. 384, consd. [para. 21].

Pollard v. Pollard (1973), 7 N.B.R.(2d) 120; 14 R.F.L. 49, consd. [para. 22].

Re Hudson v. Hudson (1968), 68 D.L.R.(2d) 191, consd. [para. 22].

Oakes v. Oakes, 11 N.B.R.(2d) 170; 7 A.P.R. 170, consd. [para. 22].

Ward v. Ward, 12 N.B.R.(2d) 163; 10 A.P.R. 163, consd. [para. 23].

Alain v. Alain, 14 N.B.R.(2d) 560; 15 A.P.R. 560, consd. [para. 24].

Re Agnew, 13 N.B.R.(2d) 631; 13 A.P.R. 631, consd. [para. 25].

Counsel:

Paul D. Scobie, for the petitioner;

Michael Bowes, for the respondent.

This case was heard at Moncton, N.B., before MELDRUM, Loc. J., of the New Brunswick Supreme Court, Queen' Bench Division.

On April 19, 1978, MELDRUM, Loc. J., delivered the following judgment: