Supreme Court

Decision Information

King v Low

Court Supreme Court
Date 1982-11-24
Other citations (C.A.) – (sub nom. K. (K.) v. L. (G.)) [1983] N.W.T.R. (S.C.) – affirmed (sub nom. A. v. B.) [1983] N.W.T.R. 1 – affirmed (sub nom. King v. Low) [1985] 1 S.C.R. 87
File numbers SC 6392
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Re R.H.M. (1973) 2 W.W.R. 55
Re Duffell Martin v. Duffell (1950) S.C.R. 737
Hepton v. Maat (1957) S.C.R. 606
McNeilly v. Agar (1958) S.C.R. 52
Re Moores and Feldstein (1973) 3 O.R. 921
Re Cullen 1976) 2 R.F.L. 193
Fitzgerald v. Sagiaktook (S.C. 4566, S.C.N.W.T., September 12, 1979
J v. C. 91970) A.C. 668

Statutes considered:
Domestic Relations Ordinance, R.O.N.W.T. 1974, c. D-9
Decision information:

Abstract: Application by a natural mother for custody of child. Cross application by prospective adopting parents for interim custody pending their adoption. The child had been placed with the prospective adopting parents when she was 5 days old. Both adopting parents and natural mother presented as viable parents to the child. Court considered effects of removing child from home and determine best interests of child.
Decision: Application denied. The best interests of the child require the natural mother's application for custody and delivery of the child to be dismissed. Cross-application for interim custody by the adopting parents was granted pending the hearing of the adoption application.
Subjects: Family law - Children - Adoption
Keywords: Custody
Adoption
Best interests of child

Decision Content

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