Bacon v. Bacon, (1991) 93 Sask.R. 155 (CA)

• Judge: Cameron, Gerwing and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 06, 1991
• Jurisdiction: Saskatchewan
• Citations: (1991), 93 Sask.R. 155 (CA)

Bacon v. Bacon (1991), 93 Sask.R. 155 (CA);

    4 W.A.C. 155

MLB headnote and full text

Kirk Earl Bacon (petitioner/appellant) v. Jean Ellen Bacon (respondent/respondent)

(No. 844)

Indexed As: Bacon v. Bacon

Saskatchewan Court of Appeal

Cameron, Gerwing and Sherstobitoff, JJ.A.

June 10, 1991.

Summar y:

The parents of three children separated and, in a written agreement, agreed to joint custody and equal financial contribution to the children's support. Because the children would be in the daily physical care of their mother, the father agreed to pay her $250 per month per child. Following new ar­rangements, the parents agreed to share daily child care responsibilities, the children alter­nating their place of residence every two weeks. When the father, who had com­menced divorce proceedings, paid no child support, the mother applied for interim child support in accordance with the separation agreement.

A judge in Chambers of the Saskatchewan Court of Queen's Bench allowed the appli­cation and ordered the father to pay $420 per child per month, which was more than the mother had requested. The father appealed.

The Saskatchewan Court of Appeal allowed the appeal and held the parties to their written agreement pending the divorce hearing.

Family Law - Topic 4078

Divorce - Corollary relief - Interim main­tenance - Effect of separation agreement - The parents of three children separated and, in a written agreement, agreed to joint custody and equal financial contribution to the children's support - Because the children would be in the daily physical care of their mother, the father agreed to pay her $250 per month per child - Fol­lowing new arrangements, the parents agreed to share daily child care responsi­bilities, the children alternating their place of residence every two weeks - There was no other change in circumstances - The Saskatchewan Court of Appeal held the parties to their agree­ment pending divorce, finding that a Chambers judge erred in overlooking the change in custody ar­rangements and the father's additional child care expenses when she increased the father's monthly obligation to $420 per child.

Family Law - Topic 4080

Divorce - Corollary relief - Interim main­tenance - Variation of - [See Family Law - Topic 4078 ].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15 [para. 14]; sect. 15(3), sect. 21(1) [para. 1].

Counsel:

D.A. Leland, for the appellant;

D. Kovatch, for the respondent.

This appeal was heard before Cameron, Gerwing and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal, whose deci­sion was delivered orally by Cameron, J.A., on June 6, 1991. The written reasons of Cameron, J.A., were released on June 10, 1991.