Tremblay v. Tremblay, (1987) 82 A.R. 24 (QB)

• Judge: Trussler, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 01, 1987
• Citations: (1987), 82 A.R. 24 (QB);1987 CanLII 147 (AB QB);[1987] 6 WWR 742;54 Alta LR (2d) 283;82 AR 24;10 RFL (3d) 166;[1987] AJ No 875 (QL);6 ACWS (3d) 437

Tremblay v. Tremblay (1987), 82 A.R. 24 (QB)

MLB headnote and full text

Carol Christine Tremblay (petitioner/respondent) v. Edmond Francoeur Tremblay (respondent/applicant)

(No. 4803-61390)

Indexed As: Tremblay v. Tremblay

Alberta Court of Queen's Bench

Judicial District of Edmonton

Trussler, J.

September 1, 1987.

Summary:

A mother failed to comply with court orders granting a father access to two children in the mother's custody. The Alberta Court of Queen's Bench granted the father's application for a change in custody from the mother to the father.

Family Law - Topic 1947

Custody and access to children - Variation of custody - Changed circumstances - General - [See Family Law - Topic 2006.2 below].

Family Law - Topic 2006.2

Custody and access to children - Access order - Noncompliance - Termination of custody - A mother refused to comply with court orders granting a father access to two children in the mother's custody - The father applied for custody of the children - The Alberta Court of Queen's Bench granted the application - The court stated that refusal to grant access was a change in circumstances for purposes of s. 17(5) of the Divorce Act (see paragraph 15).

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 16 [para. 13]; sect. 17 [para. 14].

Counsel:

Ken J. Smith, for the respondent/applicant;

Glenn R. Kosak, for the petitioner/respondent.

This application was heard by Trussler, J., of the Alberta Court of Queen's Bench. The decision of Trussler, J., was delivered at Edmonton, Alberta, on September 1, 1987.