R.C. v. D.C.

R.C. v. D.C.

The application to retroactively cancel or reclaim child support was dismissed because the applicant failed to provide a reasonable explanation for delay and retroactive relief would cause significant hardship to the recipient and contravene the children-first approach; disputed historical parenting-time facts could not be resolved on summary evidence and must be tried with proper, admissible evidence.

Citation
2017 BCSC 750
Parties
Claimant: R.C.; Respondent: D.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 May 2017
Procedural Posture
Family Law Child Support and Parenting (variation Application) / Application (summary Proceeding); Parenting Issues Referred to Trial
Outcome
Application partly dismissed and partly referred: parenting/residence issues referred to trial; applications to recalculate and obtain repayment of historical child support dismissed; claimant awarded costs.
Legal Topics
Retroactive Child Support Variation, Variation of Parenting Order, Delay and Hardship in Retroactive Claims, Admissibility of Affidavit Evidence, Children First Principle
Source Language
English
Family Law Child Support Custody and Access Procedural/evidence Rules Retroactive Child Support Variation Variation of Parenting Order Delay and Hardship in Retroactive Claims Admissibility of Affidavit Evidence +1 more

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Parties

R.C.

Claimant

D.C.

Respondent

Procedural Posture

Family Law Child Support and Parenting (variation Application) / Application (summary Proceeding); Parenting Issues Referred to Trial

Legal Issues

  1. 1 Whether the week on/week off parenting schedule should be cancelled and children declared to reside primarily with respondent
  2. 2 Whether child support payments paid since 2011 should be retroactively cancelled or reassessed based on alleged >60% care by respondent
  3. 3 Whether respondent has provided a reasonable explanation for delay in seeking retroactive relief and whether retroactive relief would cause hardship to recipient

Ratio Decidendi

The application to retroactively cancel or reclaim child support was dismissed because the applicant failed to provide a reasonable explanation for delay and retroactive relief would cause significant hardship to the recipient and contravene the children-first approach; disputed historical parenting-time facts could not be resolved on summary evidence and must be tried with proper, admissible evidence.

Court Disposition

Application partly dismissed and partly referred: parenting/residence issues referred to trial; applications to recalculate and obtain repayment of historical child support dismissed; claimant awarded costs.

Orders

  • Issues in paras.1(a) and 1(b) of the Notice of Application (parenting time and residence) referred to the trial list
  • Respondent to file a notice of family claim on parenting time and residence within 21 days of judgment