Supreme Court

Decision Information

Mercer v Mercer

Court Supreme Court
Date 1982-03-03
File numbers 6101-00971
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Dyment v. Dyment (1969) 2 O.R. 631
Papp v. Papp (1970) 1 O.R. 331 (C.A.)
Hryhoriw v. Hryhoriw (1973) 32 D.L.R. (3d) 646 (Sask. Q.B.)
Skjonsby v. Skjonsby (1973) 13 R.F.L. 135 (Sask. Q.B.)
Hanson v. Hanson (1974) 18 R.F.L. 301 (sask. Q.B.)
Laboucane v. Laboucane (1975) 21 R.F.L. 332 (B.C.S.C.)
Thorgerson v. Thorgerson (1975) 22 R.F.L. 389 (Sask. C.A.)
Hubert v. Hubert and Tate (1976) 28 R.F.L. 273 (Ont. C.A.)

Statutes considered:
Divorce Act, R.S.C. 1970, c. D-8, section 10 (b)
Decision information:

Abstract: Application for interim custody under section 10 (b) of the Divorce Act - Applicant has had custody of the child since separation, except for a brief period at Christmas - Both parties signed a separation agreement whereby each agreed to keep and maintain the child in their custody - Respondent contends that she was not aware that the effect of the agreement was permanent and further contends that she did not have independent legal counsel as stated in the agreement.
Decision: Application granted subject to reasonable access by Respondent - The best interests of the child are paramount and not served by moving the child from his present environment - Petitioner admitted to falsely swearing affidavits of execution - Petitioner to prepay the costs to be incurred by the Respondent in traveling to exercise access.
Subjects: Family law
Keywords: Custody
Access
Separation agreement
Best interests

Decision Content

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