Orth v. Orth, (1998) 168 Sask.R. 1 (CA)

• Judge: Tallis, Cameron and Gerwing, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: January 13, 1998
• Jurisdiction: Saskatchewan
• Citations: (1998), 168 Sask.R. 1 (CA)

Orth v. Orth (1998), 168 Sask.R. 1 (CA);

    173 W.A.C. 1

MLB headnote and full text

Temp. Cite: [1998] Sask.R. TBEd. MR.026

Kerry Orth (appellant/petitioner/respondent by counter-petition) v. Cynthia Orth (respondent/respondent/petitioner by counter-petition)

(Appeal File No. 2849)

Indexed As: Orth v. Orth

Saskatchewan Court of Appeal

Tallis, Cameron and Gerwing, JJ.A.

January 13, 1998.

Summary:

Pending the trial of a petition for divorce and corollary relief, an order was made under the Divorce Act providing for the interim custody and support of the four children of the marriage and the support of the wife. The husband appealed, asserting that the parties had only recently entered into a separation agreement on different terms and that the court had just ordered the speedy trial of the petition.

The Saskatchewan Court of Appeal allowed the appeal and varied the order with respect to custody and support.

Family Law - Topic 3353

Separation agreements, domestic contracts and marriage contracts - Effect of agree­ment - In divorce actions - Corollary relief - Pending the trial of a petition for divorce and corollary relief, an order was made under the Divorce Act providing for the interim custody and support of the four children of the marriage and the support of the wife - The husband appealed, asserting that the parties had only recently entered into a separation agreement on different terms and that the court had just ordered the speedy trial of the petition - The Saskatchewan Court of Appeal allowed the appeal and varied the order with respect to custody and support - The trial judge erred in not leaving the parties to the terms of their written agreement, except for such variation as was necessary in the children's best interests.

Family Law - Topic 4059

Divorce - Corollary relief - Custody of children - Interim cus­tody - [See Family Law - Topic 3353 ].

Family Law - Topic 4064

Divorce - Corollary relief - Custody of children - Variation of custody order - [See Family Law - Topic 3353 ].

Family Law - Topic 4080

Divorce - Corollary relief - Interim main­tenance - Variation of - [See Family Law - Topic 3353 ].

Cases Noticed:

Foss v. Foss (1991), 31 R.F.L.(3d) 367 (Sask. C.A.), refd to. [para. 3].

Bacon v. Bacon (1991), 93 Sask.R. 155; 4 W.A.C. 155 (C.A.), refd to. [para. 3].

Counsel:

Trent Forsyth, for the appellant;

William J. Hominuke, for the respondent.

This appeal was heard on January 13, 1998, before Tallis, Cameron and Gerwing, JJ.A., of the Saskatchewan Court of Appeal.

On January 13, 1998, Cameron, J.A., delivered the following oral judgment for the Court of Appeal.