T.R.S. v. D.G.S., 2001 ABQB 866

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 10, 2001
• Citations: 2001 ABQB 866;(2001), 305 A.R. 97 (QB)

T.R.S. v. D.G.S. (2001), 305 A.R. 97 (QB)

MLB headnote and full text

Temp. Cite: [2001] A.R. TBEd. OC.118

T.R.S. (applicant/respondent) v. D.G.S. (respondent/petitioner)

(Action No. 4810-012126; 2001 ABQB 866)

Indexed As: T.R.S. v. D.G.S.

Alberta Court of Queen's Bench

Judicial District of Red Deer

Lee, J.

October 11, 2001.

Summary:

A father applied to set aside an order for child maintenance and to cancel all child support arrears. He argued that the Provincial Court lacked jurisdiction to grant such an order because the divorce judgment which was issued two years earlier had specifically reserved child support for the children of the marriage.

The Alberta Court of Queen's Bench concluded that there was already an existing Court of Queen's Bench order on child support in place when the Provincial Court maintenance order was made. Therefore, the order was invalid as s. 27(7) of the Domestic Relations Act did not confer jurisdiction on the Provincial Court where there was already an existing order.

Family Law - Topic 2244

Maintenance of wives and children - Jurisdiction - Jurisdiction of provincial court following divorce proceedings in superior court - A father applied to set aside an order for child maintenance and to cancel all child support arrears - He argued that the Provincial Court lacked jurisdiction to grant such an order because the divorce judgment which was issued two years earlier had specifically reserved child support for the children of the marriage - The Alberta Court of Queen's Bench concluded that there was already an existing Court of Queen's Bench order on child support in place when the Provincial Court maintenance order was made - Therefore, the order was invalid as s. 27(7) of the Domestic Relations Act did not confer jurisdiction on the Provincial Court where there was already an existing order.

Cases Noticed:

Keller v. Keller (1987), 83 A.R. 313 (Q.B.), consd. [para. 9].

Melwood v. Melwood (1998), 240 A.R. 135 (Prov. Ct.), refd to. [para. 12].

Statutes Noticed:

Domestic Relations Act, R.S.A. 1980, c. D-37, sect. 27(7) [para. 6].

Counsel:

Diana Gosselin, for the applicant;

Bruce Buckley (Flanagan Sully), for the respondent.

This matter was heard on October 10, 2001, before Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Red Deer, who delivered the following decision on October 11, 2001.