P. (M.) v. L.B. (G.)

P. (M.) v. L.B. (G.)

Because the mother relocated the child to France in breach of the residency clause and effectively prevented Quebec courts from obtaining necessary information, the appellate court reasonably relied on the available evidence showing the father could care for the child; applying the best interests test, the Supreme Court upheld the Court of Appeal's award of custody to the father and dismissed the appeal.

Citation
[1995] 4 SCR 592
Parties
Appellant (mother): G.L.B.; Respondent (father): M.P.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 December 1995
Procedural Posture
Family Law Custody Variation / Appeal to Supreme Court of Canada From Quebec Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Custody, Variation of Custody, Best Interests of the Child, Enforcement of Corollary Relief Agreements, Hague Convention Enforcement
Source Language
English
Family Law Private International Law International Child Abduction Custody Variation of Custody Best Interests of the Child Enforcement of Corollary Relief Agreements Hague Convention Enforcement

Case Brief

Summary, issues, holding and outcome

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Parties

G.L.B.

Appellant (mother)

M.P.

Respondent (father)

Procedural Posture

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

Legal Issues

  1. 1 Whether the custodial parent's unilateral relocation abroad in breach of a residency clause justifies variation of custody
  2. 2 Whether the best interests of the child test requires a change of custody given the custodial parent's conduct and absence of evidence
  3. 3 Whether inability of domestic courts to obtain information due to parent's relocation affects evidentiary basis for custody decision

Ratio Decidendi

Because the mother relocated the child to France in breach of the residency clause and effectively prevented Quebec courts from obtaining necessary information, the appellate court reasonably relied on the available evidence showing the father could care for the child; applying the best interests test, the Supreme Court upheld the Court of Appeal's award of custody to the father and dismissed the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Court of Appeal judgment awarding custody to the father upheld