O. Locus Standi of Child

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 470-471

Page 470

Although the Divorce Act does not give a child of divorcing or divorced parents any standing to apply for a child support order or for the variation of any such order,¹³⁰a child may institute proceedings to enforce an order for his or her support that was granted in prior divorce proceedings.¹³¹A child who is under a legal disability by virtue of age should com-

Page 471

mence or defend proceedings by a guardian ad litem, but the lack of a guardian ad litem is not fatal to proceedings already instituted, being merely an irregularity.¹³²

[130] Garbers v. Garbers (1993), 48 R.F.L. (3d) 217 (Ont. U.F.C.).

[131] Sloat v. Sloat (1981), 25 R.F.L. (2d) 378 (B.C.S.C.).

[132] Sloat v. Sloat, ibid.