Supreme Court
Decision Information
Summary: Mother, now living in Yellowknife, requests Northwest Territories court to make variation to child support order originally made in Alberta. Mother asks court to use parens patriae jurisdiction which allows court to make award when there is a gap in the applicable legislation which would result in injustice to child. Court found no evidence Alberta order could not first be registered in Northwest Territories. Other options include apply for variation in Alberta or pursue original application under Northwest Territories legislation. Applicant chose easiest route. But parens patriae jurisdiction is a discretion to be exercised with caution and this was not an appropriate case to invoke such jurisdiction.
Decision: Application dismissed
Subjects: Family law - Children - Maintenance - Jurisdiction under provincial legislation