Whitley and Cooke (Child support)

The case of Whitley and Cooke concerned a dispute over child support payments. The applicant, Whitley, sought to have a child support assessment terminated, arguing that there had been a change in the likely pattern of care for the child. The respondent, Cooke, opposed this application. The matter came before the court for review of a previous decision.

The primary legal issues before the court were whether a child support terminating event had occurred, and specifically, whether there had been a change to the likely pattern of care for the child that would warrant the termination of the assessment. The court also considered whether either parent had established a consistent pattern of care.

The court found that neither parent had demonstrated a consistent or likely pattern of care for the child. Consequently, the court determined that the threshold for a change in the likely pattern of care, which would constitute a terminating event, had not been met. The court set aside the previous decision and substituted its own orders.