Supreme Court
Decision Information
Abstract: The Applicant mother seeks an order granting her sole custody of the children of the marriage. The parties presently have a corollary relief order providing for joint custody of the children. The day to day care and control of the children was divided equally between the parties during the week. This arrangement was agreed to in Minutes of settlement. Since the agreement was entered into the youngest child has become seriously ill, requiring extended periods of time in Edmonton for treatment.
Decision: The application for sole custody of both children is granted to the mother. The predominant test for the custody of children is the best interests of the children. On a variation application, the Court's power to vary is activated only upon proof of a change in the condition, means, needs or other circumstances of the children. If there has been a substantial change in circumstance, the Court must then consider whether the children's best interests require a variation.
Subjects: Family law
Keywords: Custody - variation
Corollary relief order - minutes of settlement