DGS v HAS, 2019 ABQB 887


6.3: Applications generally
12.44: Application within course of proceeding

Case Summary

The Applicant applied for a declaration that her adult child was a “child of the marriage” and hence that the Respondent was required to pay child support. During oral argument, the Applicant also requested that she receive security for the child-support arrears owed to her by the Respondent. As this request for security was not included in the Notice of Application, the Respondent opposed that relief for lack of notice.

A Notice of Application must state the remedy claimed or sought, pursuant to Rule 6.3(2). Rule 12.44 requires that a family law Application be made in accordance with Rule 6.3. Citing the Applicant’s contravention of Rule 6.3, the Court declined to hear the Applicant’s plea for security.

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