N.B. v. G.L. (1989), 96 N.B.R.(2d) 181 (FD);

    96 R.N.-B.(2e) 181; 243 A.P.R. 181

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

………………..

Minister of Health and Community Services (applicant) v. G.L. and R.A. (respondents)

(FDB/287/88)

Indexed As: Nouveau-Brunswick (Ministre de la Santé et des Services communautaires) v. G.L. et R.A.

New Brunswick Court of Queen’s Bench

Family Division

Judicial District of Bathurst

Boisvert, J.

February 6, 1989.

Summary:

The Minister of Health and Community Services applied for a six month custody order with respect to the child, M.L. The Minister also applied for a guardianship order regarding another child, M.L.

The Court of Queen’s Bench of New Brunswick, Family Division, allowed both applications.

Guardian and Ward – Topic 815

Public trustee or guardian – Appointment – Child in need of protection – Considerations and best interests of child – The Court of Queen’s Bench of New Brunswick, Family Division, considered the best interests of two children, granting to the Minister of Health and Community Services a six month custody order with respect to one child and a guardianship order with respect to the other – The children were thus separated from their mother who had proved incapable of taking care of them.

Cases Noticed:

New Brunswick (Minister of Social Services) v. G.C.C., [1988] 1 S.C.R. 1073; 85 N.R. 10; 85 N.B.R.(2d) 252; 217 A.P.R. 252, folld. [para. 20].

Statutes Noticed:

Family Services Act, S.N.B. 1980, c. F-2.2, sect. 1 [para. 19].

Counsel:

J. George Chiasson, for the applicant;

Kathryn E. Racine, for the respondent, G.L.

This case was heard on December 13, 1988, and on January 25 and 26, 1989, by Boisvert, J., of the New Brunswick Court of Queen’s Bench, Family Division.

Boisvert, J., delivered the following decision on February 6, 1989.

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Nouveau-Brunswick (Ministre de la Santé et des Services communautaires) v. G.L. et R.A.

(1989), 96 N.B.R.(2d) 181 (FD)

Court:
Court of King’s Bench of New Brunswick
Reading Time:
7 minutes
Judges:
Boisvert 
[1]

Boisvert, J. [Translation]
: The Minister of Health and Community Services has filed an application for the custody of M.L. who was born on November 8, 1976. The custody would be for six months.

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