Can a misbehaving custodial parent be and ought to be deprived of maintenance for the child of the marriage?
Ontario, Canada
The following excerpt is from Welstead v. Bainbridge, 1995 CanLII 7038 (ON SC):
[22] I am attracted by the logic contained in Professor McLeod’s annotation to Lee v. Lee. I am of the opinion that, under the right circumstances, a misbehaving custodial parent who deprives the non-custodial parent of access, can be and ought to be deprived of maintenance for the child or children of the marriage. This, however, would only occur in unique circumstances, such as when the custodial parent has sufficient assets and income so that the child or children of the marriage will not be deprived of appropriate support.
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