Supreme Court

Decision Information

G.(G) v H.(J)

Court Supreme Court
Date 1996-02-27
Other citations [1996] N.W.T.R. 140 – 22 R.F.L. (4th) 69 (S.C.)
File numbers CV 05050
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Rebus v. McLellan (1994) N.W.T.R. 1 (C.A.);
Pelech v. Pelech (1987) 7 R.F.L. (3D) 225 (S.C.C.);
Richardson v. Richardson (1987) 7 R.F.L. (3D) 304 (S.C.C.);
Campbell v. Campbell (1976) 5 W.W.R. 513 (SASK. Q.B.);
Bennett v. Bennett (1952) 1 ALL E.R. 413 (C.A.);
Janzen v. Janzen (1981) 21 R.F.L. (2D) 316;
Satre v. Skiffington (CV 02294, FEBRUARY 7, 1991);
Sartor v. Sartor (1993) N.W.T.R. 102;
Kushner v. Kushner (1988) 12 R.F.L. (3D) 171 (B.C.C.A.);
Headrick v. Headrick (1969) 8 D.L.R. (3D) 519 (ONT. C.A.);
Ricciuto v. Ricciuto (1981) 23 R.F.L. (2D) 144 (ONT. H.C.J.);
Ambrose v. Ambrose (1990) 24 R.F.L. (3D) 353 (MAN. C.A.);
Donald v. Donald (1991) 33 R.F.L. (3D) 196 (N.S.C.A.);
MacMinn v. MacMinn (NO. 14792, October 3, 1995);
Levesque v. Levesque (1994) 4 R.F.L. (4TH) 375.

Statutes considered:
DOMESTIC RELATIONS ACT, R.S.N.W.T. 1988, C. D-8;
JUDICATURE ACT, R.S.N.W.T. 1988, C. J-1;
MAINTENANCE ORDERS ENFORCEMENT ACT, R.S.N.W.T. 1988, C. M-2;
MAINTENANCE ACT, R.S.N.W.T. 1988, C. M-1;
DIVORCE ACT
Decision information:

Abstract: Application for an order for child custody and maintenance - Respondent contends that there is no dispute as to custody of the child therefore the Court is without jurisdiction to make an order for child support - Respondent further contends that the Applicant signed a release, for $5,000.00 consideration, whereby she relinquished all claims to child support - Applicant contends the release was signed at a time when she was in need of immediate financial assistance and that circumstances have changed rendering support necessary for the child.
Decision: Application granted - Release is not a bar to the Application - Consideration for the release was wholly inadequate and circumstances have changed such that support is required for the child - Support ordered in the amount of $500.00 per month plus a pump sum award of $5,000.00.
Subjects: Family law
Keywords: Custody and access
Maintenance - release jurisdiction

Decision Content

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