CKD v. JED, 2013 ABQB 459
Opinion
Court of Queen ’ s Bench of Alberta Citation: CKD v. JED, 2013 ABQB 459 Date: 20130809 Docket: 4806 018694 Registry: Lethbridge Between: CKD Plaintiff - and - JED Defendant _______________________________________________________ Memorandum of Judgment of the Honourable Mr. Justice J.H. Langston _______________________________________________________ [ 1 ] This Application deals with the issues of Child Custody and Child Access.
At the request of Counsel I spoke separately and alone with each of the children of this marriage. [ 2 ] The 14 year old daughter made it clear that she wants to live with her father, but also wants to have contact with her mother. The 16 year old son was adamant that he wanted to live with his mother and did not want contact with his father.
[ 3 ] Each of these children expressed their views and concerns in a forthright and articulate manner. I undertook not to divulge any of our discussions. Suffice to say that I am satisfied, after reviewing the file and speaking with the children, that there is little to be gained by making an order compelling one or both of these children to do something which is contrary to their will. [ 4 ] I did, however, speak with the children about developing a Parenting Plan which would involve a neutral third party psychologist who would act as their advocate with respect to the ongoing relationship with each parent.
In my view the children were amenable to this proposition, although it is clear that they have little enthusiasm for ongoing “counselling”. [ 5 ] To this end I have contacted Luke Sander and explained the family dynamics and asked if he would be prepared to take on this family to create a Parenting Plan similar to ones which he has created in the case of other Court referrals. He has advised that he is prepared to accept this referral. In my view nothing should occur in terms of changing the existing status quo until such time as we have had the benefit of Mr. Sanders intervention.
Heard on the 5 th day of May, 2013. Dated at Lethbridge, Alberta this 7 th day of August, 2013. J.H. Langston J.C.Q.B.A. Appearances: For the Plaintiff Lori Andreachuk Andreachuk Law For the Defendant Heather McCuaig Peterson & Purvis LLP
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