Supreme Court

Decision Information

Klengenberg v Evaglok

Court Supreme Court
Date 1985-06-26
File numbers SC 7528
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
VIDE J. V. C. (1970) A.C. 668 (H. L. );
RE K; K. V. PUBLIC TRUSTEE (1985) 60 B.C.L.R. 209;
M. AND M. V. D. AND D. (1982) 29 R.F.L. (2D) 288 (ONT. C.A.);
DE LAURIER V. JACKSON (1934) S.C.R. 149;
VIDE MCKEE V. MCKEE (1951) A.C. 352

Statutes considered:
DOMESTIC RELATIONS ORDINANCE, S. 35
Decision information:

Abstract: Application by adoptive parents for custody of 7 and 2 year old child - Child had been given to them by the natural mother when he was 5 by way of native custom adoption - Child only in their custody for short period of time only - Child taken back by natural father who now wants custody - Child presently living with Granny with natural father and step-mother nearby.
Decision: Custody granted to natural father with access rights to the Applicants - Child now living in the home and with the person with whom he has spent the most time - Harmful to remove him from his Granny at this time.
Subjects: Family law - Children - Adoption
Keywords: Adoption - native custom adoption
Custody and access
Best interests of the child

Decision Content

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