Fein v. Fein: Grandparents and Child Support in Family Law

Facts:

In Fein v. Fein, a family law case, the grandparents funded the family's lifestyle and underwrote the grandchildren's education, health, welfare and upbringing generally. The grandparents directed decisions pertaining to issues of education, recreation, religious training and the moral upbringing of the grandchildren. They also provided the family with substantial amounts of money, which enabled them to enjoy a lifestyle beyond their means. When the parents’ marriage began to deteriorate, the grandparents withdrew their assistance from the mother and the grandchildren, and they suffered a dramatic decline in their lifestyle.

Family Law Issue in relation to Child Support:

According to family law, whether the mother was entitled to child support from the grandparents.

Conclusion & Analysis of the Superior Court of Justice:

The claim for child support could not stand against the grandparents.

The Ontario Superior Court of Justice found that grandparents are not liable for child support of grandchildren where the grandparents do not live in the same house as the grandchildren & the grandparents have not established a parental role in relation to the grandchildren. The Court noted that it is not enough that the grandparents had played a very influential, controlling or interfering role in the family as a whole, or had been financially very generous towards the family. Furthermore, a grandparent who treats his or her grandchildren as grandchildren does not thereby assume the role of a parent even if his or her continued financial assistance is necessary to maintain the children’s lifestyle.

It is interesting to note that in this case, Perkins J. allowed the action to proceed against the grandparents for breach of contract and breach of fiduciary duty.