Ritchie v. Ritchie

Ritchie v. Ritchie

On the evidence there was a change of circumstances since the 1996 Alberta order and insufficient proof that the child remained a 'child of the marriage' after attaining majority; accordingly the Alberta child support order was provisionally varied to terminate the petitioner's support obligation as of August 6, 2004, and arrears and attached funds claimed for the post-majority period were to be cancelled and returned.

Citation
2006 BCSC 1051
Parties
Petitioner: Frederick John Ritchie; Respondent: Frances Sylvia Ritchie
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 July 2006
Procedural Posture
Application to Vary Foreign Divorce and Corollary Relief Order (child Support) / In Chambers Application for Provisional Variation Under Divorce Act S.17 19
Outcome
Provisional order granted varying the Alberta order: child support obligation of petitioner ended August 6, 2004; arrears for the post-majority period cancelled; attached funds to be returned to petitioner.
Legal Topics
Variation of Support Order, Child of the Marriage, Majority and Post Majority Support, Provisional Order, Jurisdictional Enforcement
Source Language
English
Family Law Divorce Child Support Maintenance Enforcement Variation of Support Order Child of the Marriage Majority and Post Majority Support Provisional Order +1 more

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Parties

Frederick John Ritchie

Petitioner

Frances Sylvia Ritchie

Respondent

Procedural Posture

Application to Vary Foreign Divorce and Corollary Relief Order (child Support) / In Chambers Application for Provisional Variation Under Divorce Act S.17 19

Legal Issues

  1. 1 Whether the Alberta child support order continued to obligate the petitioner after the child reached majority
  2. 2 Whether a change in circumstances justifies a variation of the Alberta order
  3. 3 Whether arrears claimed for the period after majority must be cancelled and attached funds returned

Ratio Decidendi

On the evidence there was a change of circumstances since the 1996 Alberta order and insufficient proof that the child remained a 'child of the marriage' after attaining majority; accordingly the Alberta child support order was provisionally varied to terminate the petitioner's support obligation as of August 6, 2004, and arrears and attached funds claimed for the post-majority period were to be cancelled and returned.

Court Disposition

Provisional order granted varying the Alberta order: child support obligation of petitioner ended August 6, 2004; arrears for the post-majority period cancelled; attached funds to be returned to petitioner.

Orders

  • Provisional variation terminating petitioner\u2019s child support obligation effective August 6, 2004
  • All arrears of child support claimed to be owing for the period after August 6, 2004 are cancelled