Favargar and Nasary (Child support)

The case of *Favargar and Nasary* concerned an application for a child support assessment. The father contended that the application for assessment was made prior to the parties' actual separation. The dispute involved the determination of the date of separation, particularly in circumstances where the parties were living under the same roof.

The primary legal issue before the court was to determine the date of separation for the purposes of a child support assessment. This required the court to consider whether the wife's communication of her intention to end the relationship, which occurred four days after the child support application was made, constituted separation. The court also had to consider the impact of factors such as domestic violence, apprehended violence orders, and previous periods of separation and reconciliation on the determination of the separation date.

The court affirmed the decision under review, finding that the end of a relationship does not necessitate the agreement of both parties. The legal principle applied was that separation can occur even if one party does not agree to the termination of the relationship, provided there is a clear indication of an intention to end the marital relationship and that intention is communicated to the other party. The court considered the wife's communication of her intention to end the relationship as sufficient evidence of separation, notwithstanding the parties continuing to reside together for a short period thereafter.