Supreme Court

Decision Information

Isnor v Isnor

Court Supreme Court
Date 1994-08-30
Other citations [1994] 10 W.W.R. 486 – [1994] N.W.T.R. 378 (S.C.)
File numbers CV 05286
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
R. v. Enkirch, (1983) 1 W.W.R. 530 (Alta. C.A.)
K. (K.) v. L. (G.), (1985) 1 S.C.R 87,
Rebus v. McLellan, (1994) N.W.T.R. 1 (C.A.)
R. v. Gyngall, (1893) 2 Q.B. 232 (C.A.)
Ramsay v. Ramsay (1976), 23 R.F.L. 147 (Ont. C.A)
W. (K.K.) v. R. (E.J.) (1989), 69 Alta. L.R. (2d) 95
Galbraith v. British Columbia (Superintendent of Family and Child Services) (1981), 25 R.F.L. (2d) 244 (B.C.S.C.)
Re M. (T.), (1989) N.W.T.R. 169 (S.C.)

Statutes considered:
Child Welfare Act, R.S.N.W.T. 1988, c. C-6, s. 89(b)
Child Welfare Act, R.S.N.W.T. 1988, c. C-6, Part V
Domestic Relations Act, R.S.N.W.T. 1988, c D-8, Part III
Domestic Relations Act, R.S.N.W.T. 1988, c D-8, s. 22
Domestic Relations Act, R.S.N.W.T. 1988, c D-8, s. 23
Domestic Relations Act, R.S.N.W.T. 1988, c D-8, s. 29
Domestic Relations Act, R.S.N.W.T. 1988, c D-8, s. 33
Domestic Relations Act, R.S.N.W.T. 1988, c D-8, s. 34
Maintenance Act, R.S.N.W.T. 1988, c. M-1, s. 2(2)
Judicature Act, R.S.N.W.T, 1988, c. J-1, s. 44
Decision information:

Abstract: The applicant is seeking interim custody of the child, Tiana. The parties were in the process of adopting the child when their marital relationship ended. The Respondent has kept the child with him, as well as a foster child and the child of his common-law wife. They are residing in Broughton Island. The Applicant has returned to Nova Scotia
Decision: The application is denied. The Court orders that the child, shall, in the interim remain with the Respondent. Additionally, the Court declares that the parties are joint guardians for the limited purposes of establishing their status to seek custody of the child. Specified access is granted to the Applicant. The Court exercised its inherent parens patriae jurisdiction in the absence of any legislation that addresses the issues raised in this application.
Subjects: Family law - Children - Adoption
Family law - Children - Custody and access - Adopted children
Family law - Children - Interim custody

Decision Content

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