Thornhill v. Thornhill, (1989) 80 Nfld. & P.E.I.R. 226 (NFPC)

• Judge: Handrigan, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 21, 1989
• Jurisdiction: Newfoundland and Labrador
• Citations: (1989), 80 Nfld. & P.E.I.R. 226 (NFPC)

Thornhill v. Thornhill (1989), 80 Nfld. & P.E.I.R. 226 (NFPC);

    249 A.P.R. 226

MLB headnote and full text

Geraldine Thornhill (applicant) v. Randy Thornhill (respondent)

(1989 G.B. No. 1543)

Indexed As: Thornhill v. Thornhill

Newfoundland Provincial Court

Family Division

Handrigan, P.C.J.

December 21, 1989.

Summary:

A mother applied for custody of three children after she and her husband separated.

The Newfoundland Provincial Court, Family Division, allowed the application in part and awarded joint custody.

Family Law - Topic 2072

Custody - Joint custody - When available - The parents of three children (twins, age five, and a child age two) separated - Mother, age 22, had grade seven education and was ambitious and was willing to work - Father, age 35, had high school and was a tradesman, but had a sporadic employment record and was unemployed - Both were concerned parents - If employed, each would get his or her parents to care for children - The Newfoundland Provincial Court, Family Division, awarded joint custody with the mother to have care and control of the children during the school year and the father during weekends and the summer holidays.

Cases Noticed:

Parsons v. Parsons (1985), 55 Nfld. & P.E.I.R. 226; 162 A.P.R. 226; 48 R.F.L.(2d) 83, consd. [para. 2].

Kruger v. Kruger and Baun (1980), 11 R.F.L.(2d) 52, refd to. [para. 26].

Parker v. Parker (1976), 20 R.F.L. 232, consd. [para. 36].

Statutes Noticed:

Children's Law Act, S.N. 1988, c. 61, sect. 25(a) [paras. 1, 29]; sect. 26(1) [para. 1]; sect. 26(3) [para. 30]; sect. 31 [para. 19]; sect. 31(3) [para. 29].

Divorce Act, S.C. 1986, c. 4, sect. 16(4) [para. 25].

Counsel:

Terry D. White, for the applicant;

Lyndon Watson, for the respondent.

This case was heard before Handrigan, P.C.J., of the Newfoundland Provincial Court, Family Division, who delivered the following judgment on December 21, 1989: