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Digest of the Week — Interpretation of New BC Family Law Act

2013 CarswellBC 2223 |

J. (D.) v. K. (C.) |

British Columbia Provincial Court


Family law | Support | Child support under federal and provincial guidelines | Application of guidelines | General principles


Statutes | Retroactive and retrospective operation | Miscellaneous

Mother and father were separated — Mother and father had one child — Mother lived with step-father — Step-father had been ordered to pay maintenance in amount of $150 per month to father — Father applied under Family Relations Act (FRA) to vary child maintenance payable for support of child by step-father — Hearing was held to determine whether father’s application to vary child support was barred by new Family Law Act (FLA) — Application to vary maintenance payable by step-father was not barred by FLA, and should proceed to hearing — New provisions of FLA were prospective only and were not intended to disrupt existing rights — Obligation of step-father to pay support was not erased — FLA did not expressly state that pre-existing order requiring step-parent to pay support could not be varied.

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