Appeal court erred in custody decision that sent P.E.I.-born boy to Alberta, Supreme Court rules
OTTAWA, Ont. — The Supreme Courtroom of Canada has dominated that the P.E.I. Courtroom of Enchantment erred in awarding custody of a boy born in P.E.I. to his father in Alberta somewhat than to his maternal grandmother.
In a choice made in December 2021 and launched on this month, the nation’s prime courtroom discovered that biology is just one issue that could be thought-about in little one custody circumstances.
The ruling comes after Prince Edward Island’s former director of kid safety apprehended the boy, who was within the care of his grandmother in P.E.I., in 2019 and alerted his father in Alberta.
The daddy had married the boy’s mom in 2012, however the couple separated after lower than a yr. The mom then moved to P.E.I. and didn’t inform her ex-husband she was pregnant.
The daddy was unaware of the kid, whose grandmother was caring for him because of his mom’s psychological well being, till little one safety notified him.
P.E.I.’s director of kid safety providers despatched the kid to Alberta to go to his father and later prolonged the go to indefinitely.
Each the daddy and grandmother then utilized for custody.
Organic ties carry minimal weight, Supreme Courtroom decides
Within the preliminary listening to, a P.E.I. choose dominated that it was within the little one’s finest pursuits for the grandmother to have custody.
That call was later overturned within the P.E.I. Courtroom of Enchantment, which awarded custody to the daddy.
The case ended up earlier than the Supreme Courtroom of Canada, which discovered the provincial enchantment courtroom had erred in its determination.
Justice Sheilah Martin wrote within the unanimous ruling that the Courtroom of Enchantment ought to have deferred to the preliminary listening to choose’s determination.
A very powerful consideration in a toddler custody case is one of the best pursuits of the kid, Martin stated, noting {that a} guardian’s organic tie is one issue amongst many that could be essential to a toddler’s finest curiosity.
“Whereas organic ties could also be related in a given case, they are going to usually carry minimal weight within the evaluation of a kid’s finest pursuits,” stated Martin.
