What is the impact of the misconduct of the wife in the context of a child protection case?

Saskatchewan, Canada


The following excerpt is from Edwards v. Edwards, 1983 CanLII 2357 (SK QB):

I have been unable to conclude that the misconduct of the wife revealed some time after the event can have a bearing upon the question of her fitness as a mother. Nor can it be said it was she who broke up the home. The respondent’s conduct must also be alluded to. As Culliton, C.J.S., stated in Francis v. Francis, supra, at page 218: While there may be cases in which consideration should be given to the question as to which spouse was responsible for the break-up of the marriage, such consideration should not detract from the primary concern, the welfare of the child or children. Thus, the consideration, if any, to be given to this factor depends entirely on the circumstances in each case. If this factor should be considered, any reliance thereon should never be punitive in character.

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