April 4, 2002
Judge orders mom to stay put in custody caseDaryl Slade
The mother of a 20-month-old girl in the midst of a custody dispute with the child’s father will not be permitted to move with the child to Edmonton from Calgary even if it restricts her employment prospects.
Court of queen’s Bench Justice Peter Martin ruled Wednesday that the mother, Kristine Hinton, must stay here so the father, Gregg Turic, can have equal input into the major decisions of Taylor’s upbringing.
Turic, a city firefighter, had applied to the court to enforce some of his parental rights to the child born out of wedlock after Hinton, an education consultant, "arbitrarily" failed to comply with access schedules.
"On consideration of all of the evidence, I conclude that it would be in Taylor’s best interests to remain in Calgary in order to maintain the close bond she has established with both of her parents," wrote Martin. "I find that the relationship she has developed with her father will deteriorate significantly to her detriment if she is allowed to move to Edmonton."
The judge said such a move would effectively eliminate the child’s short visits with her father.
Martin found Hinton has "deliberately and unnecessarily frustrated Mr. Turic ’s access in the past and is more likely to do so if she and Taylor are in Edmonton." Hinton’s lawyer, Edward McCann, said he could not comment on this case but noted it is not unusual for judges to prevent a parent from relocating a child. Hinton had told court she planned to move back to Edmonton, where she previously lived and her family resides, and would obtain at-home work in her profession. She did not believe she would be able to work out of her home in Calgary The judge stressed that "neither parent shall remove Taylor from Calgary without first advising the other of the location the child is to be taken and the itinerary."
He noted happily married parents occasionally have differing philosophies and encounter serious difficulties making critical decisions relative to their child’s schooling, religious upbringing and health matters, but they are expected to resolve such problems.
"So, if the modern-day Ozzie and Harriet have such difficulties," he said, "it can come as no surprise that divorced or estranged parents also do."
© Copyright 2002 Calgary Herald