S. (L.) v. S. (C.)

S. (L.) v. S. (C.)

Because the evidence did not establish that the custodial parent's religious practices compromised the child's best interests, the Court allowed the appeal in part and quashed the Court of Appeal's modification removing the trial judge's custody order restrictions; the restrictions were removed while maintaining the respondent's access rights as ordered by the trial judge.

Citation
[1997] 3 SCR 1003
Parties
Appellant: L.S.; Respondent: C.S.; Intervener: Seventh‑day Adventist Church in Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 November 1997
Procedural Posture
Family Law Custody Appeal / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
Outcome
Appeal allowed in part; Court of Appeal judgment quashed to the extent it modified the trial judge's custody order by imposing restrictions; restrictions removed; respondent's access rights maintained; each party to pay its own costs.
Legal Topics
Custody, Access Rights, Best Interests of the Child, Religious Activities
Source Language
English
Family Law Child Custody Religious Practices and Family Law Custody Access Rights Best Interests of the Child Religious Activities

Case Brief

Summary, issues, holding and outcome

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Parties

L.S.

Appellant

C.S.

Respondent

Seventh‑day Adventist Church in Canada

Intervener

Procedural Posture

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

Legal Issues

  1. 1 Whether restrictions on a custodial parent's religious activities were justified in the best interests of the child
  2. 2 Whether the Court of Appeal properly modified the trial judge's custody order by imposing restrictions on the custodial parent
  3. 3 Whether access rights of the respondent should be altered by those restrictions

Ratio Decidendi

Because the evidence did not establish that the custodial parent's religious practices compromised the child's best interests, the Court allowed the appeal in part and quashed the Court of Appeal's modification removing the trial judge's custody order restrictions; the restrictions were removed while maintaining the respondent's access rights as ordered by the trial judge.

Court Disposition

Appeal allowed in part; Court of Appeal judgment quashed to the extent it modified the trial judge's custody order by imposing restrictions; restrictions removed; respondent's access rights maintained; each party to pay its own costs.

Orders

  • Quash the Court of Appeal judgment insofar as it modified the trial judge's custody order by imposing restrictions on the appellant's activities with or in the presence of the child.
  • Remove the restrictions imposed upon the appellant regarding activities with or in the presence of the child.