Is a suspension of support consistent with the best interests of the children?
Newfoundland and Labrador, Canada
The following excerpt is from Martin v. Martin, 1998 CanLII 18006 (NL CA):
Secondly, as has been acknowledged, the right to support is that of the child (Richardson v. Richardson, 1987 CanLII 58 (SCC), [1987] 1 S.C.R. 857; 77 N.R. 1; 22 O.A.C. 1; 7 R.F.L.(3d) 304; 38 D.L.R.(4th) 699; 17 C.P.C.(2d) 104). We do not permit custodial parents to bargain away those rights nor should we punish a child for his or her parent’s wrongdoings. In the circumstance of this case I do not accept that the suspension of support could be considered to be consistent with the best interests of the children. Fresh Evidence
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