July 31, 2024 – Child Living With Non-Parent Family Member

“The father further argues that if L.G. resides with the maternal grandmother, he should not be required to pay child support to the mother.  I disagree.  In Lefebvre v. Gowan, 2014 ONSC 6221 (CanLII), Justice Robert Smith stated:

[9]     The maternal grandparents have provided assistance to their daughter by allowing the Respondent mother to reside at their residence with Taylor and by providing the funds required by the Respondent mother to pay for prescription medications, and psychological counselling for Taylor. I find that the fact that the maternal grandparents have assisted their daughter in the above manner does not remove the Applicant father’s responsibility to provide child support and contribute to special expenses for a child for whom he is in loco parentis.

[Emphasis added]

The Ontario Court of Appeal approved Lefebvre v. Gowan in Squires v Crouch 2016 ONCA 774 (CanLII), when upholding a trial judgment that awarded child support to a mother although the maternal grandmother was paying some of the grandchildren’s s. 7 expenses.

In Wright v. Conway, 2018 ONSC 133 (CanLII), at paras. 50 to 55, Jarvis J., after reviewing the relevant authorities, concluded, “In none of the authorities referenced was a parent relieved of their child support responsibility in circumstances where the child remained a dependent and attended school but lived with another family member.”

            T.G. v. S.G., 2020 ONSC 4662 (CanLII) at 19-21