G. Dismissal of Divorce Petition

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 31-31

Page 31

Dismissal of the divorce petition precludes a claim for child support under the Divorce Act, but such relief may be available where an alternative claim has been brought under provincial statute.⁵³Where a prayer for corollary relief is contained in a petition for divorce that is withdrawn, the court does not have jurisdiction to grant the corollary relief requested unless the spouse claiming it can bring the matter before the court in another matter at the same time as the divorce proceeding.⁵⁴It is for this reason that lawyers normally include an alternative claim for support and custody under provincial statute in a divorce petition.

[53] Huber v. Huber, [1999] O.J. No. 4400 (S.C.J.).

[54] Cook v. Cook (1980), 30 Nfld. & P.E.I.R. 42 (Nfld. T.D.).