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  • Charles Baker

Can A Judge Deny Request For A Divorce Because of My Children?

Can A Judge Deny Request For A Divorce If She Does Not Believe Adequate Arrangements Have Been Made For The Support Of My Children?

Section 11(1)(b) of the Divorce Act provides that it is the duty of the court “to satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable Guidelines, and, if such arrangements have not been made, to stay the granting of the divorce until such arrangements are made”.

If the Court finds that the arrangements between the parents for the support of the children are unsatisfactory with regard to the child support Guidelines, it will stay the divorce proceedings until the parents have made satisfactory arrangements. In practice, this means that the parents must either through a domestic contract, which is a separation agreement, or by the obtaining an order for child support in an Application under the Family Law Act, or for corollary relief under the Divorce Act, make the adequate arrangements.Indeed, some judges take this section very seriously, including not only requiring proof of arrangements for ongoing Guideline child support, but also for post-secondary educational expenses that may even include a provision for a second university degree or graduate work.

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