Wong v. Graham, (1979) 1 Man.R.(2d) 365 (ProvCt)

• Judge: Carr, J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 25, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 365 (ProvCt)

Wong v. Graham (1979), 1 Man.R.(2d) 365 (ProvCt)

MLB headnote and full text

Wong v. Graham

Indexed As: Wong v. Graham

Manitoba Provincial Court

Family Division

Carr, J.

October 25, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 1883

Custody - Considerations - Illegitimate child - A man and a woman lived together without marrying for 1.5 years, then separated with the woman keeping custody of their daughter - Both the mother and father applied for custody of the daughter, who was two years old at the time of the application - Both the mother and father were involved in businesses and both could provide a good home to the child - The mother lived with her family, which was a stable one - The Manitoba Provincial Court awarded custody to the mother, following the rule that the mother of an illegitimate child should not be deprived of custody unless it is essential or clearly right for the welfare of the child in some very serious and important respect - The Provincial Court held that s. 11(1) of the Family Maintenance Act, S.M. 1978, which provided that the Act applied to a man and a woman who cohabit without marriage, did not change the substantive law respecting the right to custody of illegitimate children.

Family Law - Topic 2484

Maintenance of wives and children - Maintenance awards - Periodic payments - Illegitimate children - The parents of an illegitimate child separated after living together for 1.5 years - The father of the child earned $300.00 a week and the mother was a business woman with minimal earnings - The Manitoba Provincial Court awarded custody of the child to her mother and ordered the father to pay $150.00 a month maintenance for the child - See paragraph 19.

Cases Noticed:

Vandenberg v. Guimond (1968), 66 W.W.R.(N.S.) 408; 1 D.L.R.(3d) 573 (Man. C.A.), appld. [para. 9].

Children's Aid Society of Winnipeg v. Champagne and Champagne, [1978] 1 W.W.R. 174, refd to. [para. 9].

Misfeldt v. Chowen, [1973] 2 W.W.R. 551, consd. [para. 10].

Morres v. Feldstein, [1973] 3 O.R. 921, consd. [para. 10].

Houle v. Morissett (1974), 19 R.F.L. 380 (Ont.), consd. [para. 10].

Kraynyk v. Kraynyk, 5 R.F.L.(2d) 17, appld. [para. 14].

Statutes Noticed:

Child Welfare Act, C.C.S.M., c. C-80, sect. 107(1) [para. 13].

Family Maintenance Act, S.M. 1978, sect. 11(1) [para. 12]; sect. 32 [para. 13].

Counsel:

Derwyn Frederickson, for Ms. Wong;

Russ Wookey, for Mr. Graham.

This case was heard on September 13 and 21, 1979, at Winnipeg, Manitoba, before CARR, J., of the Manitoba Provincial Court, Family Division, who delivered the following judgment on October 25, 1979: