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To my right is the decision we received by the Family Court in Calgary, Alberta. This decision was read to us in open court on Feb. 9, 2001

** The spelling mistakes in these documents are not of my doing. This is the way the document was typed up and so I will leave them alone**


 The Decision
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The Decision
              DECISION
(Read in open Court on February 9, 2001 - not published)

This is the application of Marcel and Phyllis Proulx (who I will refer to as the Grandparents) made pursuant to the Provincial Court Act for an order permitting access to their grandchild, Dainen, born April 21, 1991 (who I will refer to throughout as the Child). Dainen is the child of one of the Grandparents sons, namely Randy Proulx (who I will refer to as Father and his former
common-law spouse, Michelle Hoffman (who I will refer to as Mother).

It is the courts understanding that as Father has now provided his consent to the adoption of the Child, certain other applications for a maintenance order against Father and, failing that, the Grandparents, as well as an application by Father for access to the Child, have all been abandoned.

The parties have been ably represented by Ms. Hendricks on behalf of the Grandparents and Mr. Glenn on behalf of Mother.

I will deal firstly with the case presented by the paternal Grandparents of the Child.

Phyllis Proulx

Grandmother is 60 year of age, has been married for 42 years and has raised two sons and one daughter. The Child came into her care in July, 1991, when he was approximately three months old, and continued to live in her home until January or February of the following year. Mother
was attending nursing school in Grande Prairie and sent the Child to Calgary where Father was living with the Grandparents.

Grandmother had the primary responsibility for the care of the Child for the period from July, 1991 to February or March of 1992. During this period, Mother did not visit the Child at all in Calgary, although Father once flew with the Child to Grande Prairie for a visit. When Mother did return to Calgary, she, Father and the Child stayed for awhile with the Grandparents and then moved into a home of their own. During this period, Grandmother says that the only telephone calls she received from Mother were when she was roaring drunk and looking for Father.

The Grandparents had free and unscheduled access to the Child based upon mutual agreement with Mother until access was terminated completely in November of 1999. The Child would visit with his Grandparents anywhere from a weekend to a week to two months at a time. They hosted a birthday party for the Child every year and, to their knowledge, Mother has never done SO.

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