When a separated spouse is a custodial parent of a child, is the separated spouse considered to be a party to a claim of hardship?

New Brunswick, Canada


The following excerpt is from Grover v. MacIntosh, 2001 CanLII 21692 (NB QB):

Such hardship has also been recognized where the separated spouse is a custodial parent. As McLachlin J. observed in Thibaudeau v. Canada, supra: "Second, separated . . . custodial parents considered as a group have historically been subject to disadvantageous treatment. The social opprobrium to which this group has been subjected over the years may have lessened with time. Nevertheless, even today evidence of disadvantage suffered by such persons is overwhelming."

Other Questions


What is the conduct of one parent in accessing the other parent's child? (New Brunswick, Canada)
How have the courts in the Republic of Ireland considered the criteria established in other superior court cases for establishing that spouses are living separate and apart under the same roof? (New Brunswick, Canada)
What is the test for "express contradiction" between two separate laws on custody of a child? (New Brunswick, Canada)
What is the test for a claim of undue hardship under the Child Support Guidelines? (New Brunswick, Canada)
What factors will the court consider in determining whether the mother of the child should continue to have access to the child? (New Brunswick, Canada)
What is the purpose of a s.15.2 order for a review of a claim made by a party to a claim of sexual assault? (New Brunswick, Canada)
What factors must a judge consider in assessing a child's "best interests" when assessing a parent’s reasons for moving to a new location? (New Brunswick, Canada)
Is a plaintiff's claim for bad faith rejection of insurance benefits a tort/contract based tort or contract based claim? (New Brunswick, Canada)
What is the test for undue hardship in child support? (New Brunswick, Canada)
What is the case law on the basis of a mother’s argument that a child is entitled to a reduction in the amount of child support if she stops working? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.