In what circumstances will a judge refuse to dispense with the consent of the father?
Saskatchewan, Canada
The following excerpt is from Sopatyk, Re, 1992 CanLII 8046 (SK QB):
In Anderson v. Sullivan (not reported) dated June 27, 1977, Halvorson, D.J.C. (as he then was), refused to dispensed with the consent of the father, upon the grounds that the children in question would be cared for by the petitioner (in a stepparent petition for adoption) and his wife equally well, whether or not the adoption order was granted. He concluded that the children would suffer no disadvantages if the order was refused, nor incur any meaningful advantages if the tie with the natural father was terminated. Again the main consideration here was that the natural father would be deprived of his parental rights if the adoption order were made, and the learned judge said that these rights should be abrogated only for serious reasons, and none had been shown.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a learned judge's judgment in dispensing with the consent of the natural father? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
In what circumstances will a judge be bound to a decision of another judge on a point of law at nisi prius? (Saskatchewan, Canada)
If consent is not dispensed with, what is the effect of having two fathers? (Saskatchewan, Canada)
In what circumstances will a judge order a determination of "the precise question, the precise fact which was put issue and decided" in the previous proceeding? (Saskatchewan, Canada)
Can a judge refuse to order an issue to be tried? (Saskatchewan, Canada)
In what circumstances has the learned judge not interfered with counsel’s examination? (Saskatchewan, Canada)
Can a consent judgment be set aside if the consent was executed by counsel and issued by the court? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
In what circumstances will a judge order distribution of a pro rata distribution of execution creditors? (Saskatchewan, Canada)
