Close v. Close
New Brunswick Court of Queen’s Bench
[1999] 50 R.F.L.4th 342 (N.B.Q.B.) (1999)
- Written by Meredith Hamilton Alley, JD
Facts
A mother (plaintiff) and father (defendant) were married and had a child, Dakota. The father abused the mother, so the mother took Dakota and separated from the father. The mother then filed a petition for divorce in the New Brunswick Court of Queen’s Bench, asking the court to deny parenting time to the father and to refrain from ordering the father to pay child support to the mother. The court entered an order denying parenting time to the father. At a hearing, the mother testified that she did not want the father to pay child support because he would use the payments as an excuse to remain entangled in her life, allowing him to harass and endanger her and Dakota. The mother further testified that she could provide for Dakota without child-support payments. The court found the mother’s testimony credible and then considered whether it could refrain from ordering the father to pay child support to the mother.
Rule of Law
Issue
Holding and Reasoning (Guerette, J.)
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