Supreme Court
Decision Information
Abstract: Application by the Petitioner for an Order granting special access to the child of the marriage - Petitioner travelling to Banff from Iqaluit and wishes to have the child meet her for a visit - Would require the child to travel by herself and be out of school for five days - Child is twelve years old and troubled.
Decision: Application dismissed - Court found that it is in the child's best interests to remain at home and visit with the Respondent at scheduled visits.
Appeal: Notice to appeal filed Oct. 15, 1993 (CA 00438). Heard Oct. 19, 1993 before Justices Richard, McFadyen, and Hudson. Dismissed
Subjects: Family law
Keywords: Special access
Decision Content
CV 03996
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
KIMBERLEY ANNE LINDSAY
Petitioner
- and -
CALVIN GEORGE LINDSAY
Respondent
Application by the petitioner for an order granting special access to a child of the marriage: dismissed.
Heard at Yellowknife on October 12th 1993
Judgment filed: October 14th 1993
REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE M.M. de WEERDT
Counsel for the Petitioner: Adrian C. Wright, Esq.
Counsel for the Respondent: Ms. Sheila MacPherson
CV 03996
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
KIMBERLEY ANNE LINDSAY
Petitioner
- and -
CALVIN GEORGE LINDSAY
Respondent
REASONS FOR JUDGMENT
1 The application of the petitioner for special access to the child Talaya Zoe Lindsay, aged 12 years, is denied.
2 There is some conflict in the affidavit material as to the relevant facts, which cannot be resolved in time, since this application is brought on short notice, by leave of the Court; and an order granting the application would have to be made immediately if it were to be effective.
3 In particular, the petitioner deposes that she has not seen the child since Christmas 1992; whereas the respondent deposes that she and the child had a visit together in April 1993. The respondent also deposes that there has been a subsequent opportunity, during the school summer vacation, when the petitioner could have had access to the child by mutual agreement, but declined to take advantage of it.
4 The proposed access would be exercised at Banff, Alberta in conjunction with a course there to be attended by the petitioner, who resides at Iqaluit with the two other children of the marriage between the parties. The respondent and the child Talaya reside at Comox, British Columbia.
5 The child would be absent from school at Comox for some three days and from home there for about five days, travelling by herself to and from Banff. There are indications that she is a very troubled child. The respondent deposes that she does not want to go to Banff as proposed by the petitioner.
6 In all the circumstances, while it is desirable that the child should maintain contact, as far as possible, with both her parents as well as with her siblings, I have come to the conclusion that her best interests require that she remain at Comox for the time being, and that she instead visit with the petitioner and the other children at Iqaluit this coming December.
7 The respondent shall have his costs of this application in any event of the cause.
M.M. de Weerdt
J.S.C.
Yellowknife, Northwest Territories
October 14th 1993
Counsel for the Petitioner: Adrian C. Wright, Esq.
Counsel for the Respondent: Ms. Sheila MacPherson
CV 03996
IN THE SUPREME COURT OF THE
NORTHWEST TERRITORIES
BETWEEN:
KIMBERLEY ANNE LINDSAY
Petitioner
- and -
CALVIN GEORGE LINDSAY
Respondent
REASONS FOR JUDGMENT OF THE
HONOURABLE MR. JUSTICE M.M. de WEERDT