Is a joint obligation on every parent to support and nurture his or her children to be reviewed in the context of a variation under the Divorce Act?

British Columbia, Canada


The following excerpt is from Yiannitsopoulos v. Patseas, 1997 CanLII 3461 (BC CA):

There is of course a duty on every parent to support and nurture his or her children. The Divorce Act states the obligation in financial terms, and in the context of the objectives of an order made under s. 15 for child support or a variation made under s. 17: both types of order are to "recognize that the former spouses have a joint financial obligation to maintain the child". The Act is not concerned, then, with stating a moral abstract. It is concerned with guiding judges as to the factors to be considered in making orders, and it places on judges the duty to ensure that reasonable arrangements are made for the support of children before their parents may be permitted to divorce. Once an order is made incorporating the terms of an agreement between the parents, it "operates as strong evidence that at the time each accepted its terms as adequately providing for the needs of the children." It follows that "the correctness of the previous order must not be reviewed during the variation proceeding." (per Sopinka, J. in Willick v. Willick, supra, at 687.

Other Questions


What is the test for joint parenting in a joint parenting situation? (British Columbia, Canada)
What is the effect of a parent's decision not to consider the consequences of a child’s parents’ actions in the context of child support matters? (British Columbia, Canada)
What is the test for material change in the context of variation of parenting and support orders? (British Columbia, Canada)
Is a step-parent's obligation to pay child support for their step-children considered a material change in circumstance? (British Columbia, Canada)
What is the consequence if one parent deliberately prevents the other parent from exercising parenting time as stipulated in a parenting order? (British Columbia, Canada)
When a joint custody arrangement is in place and the 40% line has been crossed, is the joint parent required to contribute towards child care costs under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
What is the child support obligation of a biological parent? (British Columbia, Canada)
How has the inter vivos of a deceased parent been used to determine whether a parent has met her moral obligations to her adult child? (British Columbia, Canada)
What are the relevant cases in which a court has found that a child has changed to become a child of the marriage and is entitled to parental support under section 2 of the Divorce Act? (British Columbia, Canada)
What is the test for reviewing a decision-making power of a body in the context of constitutional review analysis? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.