C.(G.) v. V.-F.(T.)

C.(G.) v. V.-F.(T.)

Art. 30 makes the child's best interests the paramount criterion and permits awarding custody to a third person even absent 'serious cause' attributable to the parent; deprivation of parental authority under art. 654 requires proof of serious cause, must be in the child's interest, and must be expressly declared; the habeas corpus decision was not res judicata given changed circumstances; therefore custody could be granted to appellants while the father retained parental authority and visitation rights.

Citation
[1987] 2 SCR 244
Parties
Appellant (maternal Aunt): T. V.‑F.; Appellant (maternal Uncle): D. F.; Respondent (father): G. C.; Children (minors): H... and X... C...
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 September 1987
Procedural Posture
Family Law Custody Appeal / Appeal to the Supreme Court of Canada From Quebec Court of Appeal
Outcome
Appeal allowed; judgment of the Quebec Court of Appeal set aside; Superior Court judgment restored with variation
Legal Topics
Child Custody, Parental Authority (deprivation), Best Interests of the Child, Res Judicata, Delegation of Custody, Physical Vs Legal Custody
Source Language
English
Family Law Civil Law Child Protection Child Custody Parental Authority (deprivation) Best Interests of the Child Res Judicata Delegation of Custody +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

T. V.‑F.

Appellant (maternal Aunt)

D. F.

Appellant (maternal Uncle)

G. C.

Respondent (father)

H... and X... C...

Children (minors)

Procedural Posture

Family Law Custody Appeal / Appeal to the Supreme Court of Canada From Quebec Court of Appeal

Legal Issues

  1. 1 Whether the first Superior Court habeas corpus judgment operated as res judicata
  2. 2 Whether there was 'serious cause' under art. 654 C.C.Q. to partially or totally deprive the parent of parental authority
  3. 3 Whether the child's best interests under art. 30 C.C.L.C. alone can justify awarding custody to a third person absent serious cause attributable to the parent

Ratio Decidendi

Art. 30 makes the child's best interests the paramount criterion and permits awarding custody to a third person even absent 'serious cause' attributable to the parent; deprivation of parental authority under art. 654 requires proof of serious cause, must be in the child's interest, and must be expressly declared; the habeas corpus decision was not res judicata given changed circumstances; therefore custody could be granted to appellants while the father retained parental authority and visitation rights.

Court Disposition

Appeal allowed; judgment of the Quebec Court of Appeal set aside; Superior Court judgment restored with variation

Orders

  • Awards custody of H... and X... C... to T. V.‑F. and D. F.
  • Grants father G. C. visiting rights: a full weekend every three weeks (Saturday 9 a.m. to Sunday 8 p.m.) and one week during summer holidays, or longer if children wish, subject to one month's notice for the summer week