Pickup v. Pickup; Pickup v. Heerah, (1985) 34 Man.R.(2d) 217 (QBFD)

• Judge: Helper, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 07, 1985
• Jurisdiction: Manitoba
• Citations: (1985), 34 Man.R.(2d) 217 (QBFD)

Pickup v. Pickup (1985), 34 Man.R.(2d) 217 (QBFD)

MLB headnote and full text

Pickup v. Pickup

(Suit No. 22132 D.P.)

Pickup v. Heerah

(Suit No. 85-01-00797)

Indexed As: Pickup v. Pickup; Pickup v. Heerah

Manitoba Court of Queen's Bench

Family Division

Helper, J.

June 7, 1985.

Summary:

A husband petitioned for divorce. The grounds for divorce were uncontested by the wife, who requested custody and maintenance for her child, who was born before the parties' marriage. In a separate action, the husband applied under the Family Maintenance Act for maintenance on the child's behalf from her natural father together with a declaration of parentage.

The Manitoba Court of Queen's Bench, Family Division, granted the divorce and awarded custody of the child to the wife. The court ordered the husband to pay periodic maintenance for the child, because he stood in loco parentis to her. The court allowed the husband's application in part. The court made a declaration as to the natural father of the child, and ordered the natural father to pay $5,000. lump sum maintenance to the child.

Family Law - Topic 2343

Maintenance of wives and children - Maintenance of children - When available - From natural father - A stepfather, about to be divorced from his nine year old stepdaughter's mother, sought maintenance for the girl from her natural father - The mother had never sought or received maintenance from the natural father, who had avoided all responsibility for the child - The Manitoba Court of Queen's Bench, Family Division, refused to order ongoing payments, but awarded the child a $5,000. lump sum payment from her natural father - See paragraphs 13 to 17.

Family Law - Topic 4024

Divorce - Corollary relief - Maintenance awards - To stepchildren - A husband stood in loco parentis to his wife's child throughout their four year marriage and for approximately four years thereafter - When divorce was pending, the husband and child were estranged - The Manitoba Court of Queen's Bench, Family Division, held that the father's status in loco parentis continued after the separation until the divorce and ordered him to pay periodic maintenance for the child - See paragraphs 7 to 12, 18.

Cases Noticed:

Hock v. Hock (1971), 3 R.F.L. 353, dist. [para. 7].

Rathwell v. Rathwell (1981), 10 Sask.R. 407; 21 R.F.L.(2d) 301, agreed with [para. 7].

Ruttan v. Ruttan, [1981] 3 W.W.R. 385 (B.C.C.A.), refd to. [para. 8].

McCarthy v. McCarthy (1984), 44 R.F.L.(2d) 92 (Ont. U.F.C.), appld. [para. 9].

Tucker v. Tucker (1984), 43 R.F.L. (2d) 199 (Ont. S.C.), consd. [para. 10].

Leveridge v. Leveridge (1974), 15 R.F.L. 33 (B.C.S.C.), consd. [para. 10].

Hirt v. Hirt (1979), 1 Man.R.(2d) 396; 15 R.F.L.(2d) 67, consd. [para. 12].

Oxenham v. Oxenham (1982), 26 R.F.L. (2d) 161, consd. [para. 12].

Horvath v. Horvath (1978), 5 R.F.L. (2d) 43, consd. [para. 12].

Olmstead v. Olmstead (1981), 37 N.B.R.(2d) 621; 97 A.P.R. 621; 25 R.F.L.(2d) 67, consd. [para. 12].

Meservia v. Silvaggio (1980), 20 R.F.L.(2d) 328, consd. [para. 12].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 11(1) [para. 7].

Family Maintenance Act, S.M. 1978, c. 25; C.C.S.M., c. F-20, sect. 12(4) [para. 13]; sect. 14 [paras. 13, 16].

Counsel:

K.E. Dunlop, for Mr. Pickup;

J.L. Radford, for Mrs. Pickup;

C.J. Ross, for Mr. Heerah.

This petition and application were heard before Helper, J., of the Manitoba Court of Queen's Bench, Family Division, whose decision was delivered on June 7, 1985.