Duvernay and Duvernay (Child support)

The case of *Duvernay and Duvernay* concerned a dispute over child support payments. The applicant sought to have certain payments made to a third party recognised as satisfying child support obligations. The matter came before the court for review.

The central legal issue before the court was whether payments made by one parent to a third party, rather than directly to the other parent or through the Child Support Agency, could be considered as having been made in lieu of child support. This required an examination of the intention of both parents in relation to these payments.

The court affirmed the decision under review, finding that there was no evidence of a mutual intention between both parents that the payments made to the third party were to be in lieu of child support. The legal principle applied was that for such payments to be recognised as satisfying child support obligations, there must be a clear and demonstrable intention on the part of both parents to that effect. In the absence of such mutual intention, the payments were not considered to have discharged the child support liability.