W.J.H. v. D.T.H., (1993) 140 A.R. 268 (QB)

• Judge: Ritter, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 14, 1993
• Citations: (1993), 140 A.R. 268 (QB)

W.J.H. v. D.T.H. (1993), 140 A.R. 268 (QB)

MLB headnote and full text

W.J.H. (petitioner) v. D.T.H. (defendant)

(Action No. 4809 1974)

Indexed As: W.J.H. v. D.T.H.

Alberta Court of Queen's Bench

Judicial District of Peace River

Ritter, J.

May 14, 1993.

Summary:

A husband and wife separated. A mainten­ance order respecting the wife's child from a previous relationship was made under prov­incial legislation. The husband applied to terminate maintenance arguing that he no longer stood in loco parentis to the child.

The Alberta Court of Queen's Bench allowed the application and terminated the requirement to pay maintenance and vacated arrears.

Family Law - Topic 2203

Maintenance of wives and children - Per­sons obliged to support children (In loco parentis) - A husband, who stood in loco parentis to his wife's child, was ordered to pay maintenance for the child after the couple separated - The husband sought to terminate the maintenance obli­gation and arrears, wanting to withdraw from the loco parentis situation - The Alberta Court of Queen's Bench discussed, without de­ciding, whether a parent in loco parentis could withdraw unilaterally - The court terminated maintenance and vacated arrears where, inter alia, the child was very young and had no contact with the hus­band for four years.

Cases Noticed:

Desjardines v. Desjardines (1991), 113 A.R. 168; 31 R.F.L.(3d) 449 (Q.B.), refd to. [para. 6].

Slama v. Slama (1991), 126 A.R. 210 (Q.B.), refd to. [para. 6].

McCarthy v. McCarthy (1984), 44 R.F.L.(2d) 92 (Ont. Fam. Ct.), refd to. [para. 7].

Carignan v. Carignan (1989), 61 Man.R.(2d) 66; 22 R.F.L.(3d) 376 (Man. C.A.), refd to. [para. 8].

Hock v. Hock, [1971] 4 W.W.R. 262 (B.C.C.A.), refd to. [para. 10].

Andrews v. Andrews (1992), 97 Sask.R. 213; 12 W.A.C. 213; 38 R.F.L. 200 (C.A.), refd to. [para. 12].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, generally [para. 7].

Domestic Relations Act, R.S.A. 1970, c. 113, generally [para. 1].

Social Development Act, R.S.A. 1970, c. 345, generally [para. 1].

Counsel:

Kim A. Shipley (Kay, Shipley, McVey & Smith), for the petitioner;

G. Randall Ambrose (Mann & Ambrose), for the respondent.

This application was heard before Ritter, J., of the Alberta Court of Queen's Bench, Judicial District of Peace River, who delivered the following judgment on May 14, 1993.