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digest of the week - “After 20 years of estrangement, woman denied financial support”

2013 CarswellBC 216
Anderson v. Anderson
British Columbia Supreme Court
Judgment: January 30, 2013


Family law | Support | Child's duty to maintain parent

Mother had five children — Children had been estranged from mother for 20 or 30 years — Mother commenced claim for parental support — In November 2000, children were ordered to pay $10 per month to mother pending trial of action — Mother's claim for parental support proceeded to trial — Claim dismissed — Children did not have ability to support mother — Even if court concluded children had ability to pay support to mother, support order would have been declined — Mother did not nurture or support children — Estrangement from children as adults was entirely mother's fault — Childhood experiences and lengthy estrangement that resulted from mother's failure to parent children in meaningful way were sufficient to relieve court from considering moral claim by mother to lifestyle similar to that of children — There was no reason why children should have to replace government benefits to which mother was entitled — There was no reason to rank mother's desire for more amenities above needs of children.
 
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