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You Can’t Add a Third Party to a Motion to Change

by Daniel Gloade on November 9, 2015

The case of Kalamias v. Fridy, 2015 ONCJ 582 (CanLII) considered the issue. You can read it here.

In this case, The Mother and the Birth Father had a child together.  After three years they separated.  There is some evidence that the the Birth Father was willing and able to pay child support.

The Mother soon entered into another relationship with the Respondent Male.  The Respondent Male was the child’s defacto father during the six years that the parties were together.

After the separation, the Respondent Male and the Mother signed a Separation Agreement.  The Respondent Male did not dispute that he had a child support obligation to the child.  The Separation Agreement was registered with the court and with the Family Responsibility Office.

The Mother brought a Motion to Change the Order arising from the Separation Agreement.  She felt that the Respondent Male’s support payments should increase due to his increase in income.

The Respondent Male brought a motion to add the Birth Father to the proceeding.  The Respondent Male argued that the Birth Father should contribute to paying child support.

The Honourable P.W. Dunn held that, while the Respondent Father’s argument may be valid, the Family Law Rules requires the Respondent Male to bring a separate Application.  A Third Party cannot be added in a Motion to Change.

Could the Honourable P.W. Dunn declare that the Motion to Change is an Application and permit the Respondent Male to file an Answer and not a Response to a Motion to Change?  The Mother’s relief can be included into an Application, as well as other prayers of relief. 

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