Applying for a BC Supreme Court Judicial review and looking for feedback, not so much legal advice

The matter was heard in BC Provincial court yesterday. It was a committal hearing regarding child support.

The order already in place reads that the Payor must serve 7 days in jail for every missed payment.

This is the 6th committal hearing in the last 2.5 years. Only the first one did jail happen. Since then, he’s paid in full once the committal warrant is signed and we do it all over again.

Yesterday was 6 missed payments at 7 days each or the funds.

Instead a Judge we have not appeared before, deviated from the previous order and made a new one. Instead of being taken into custody yesterday, he was basically given a payment plan. The payment yesterday was supposed for $500, not even the equivalent of 1 child support payment. If that wasn’t paid, 7 days in jail. It wasn’t paid The rest has been broken down into small payments with each getting 7 days if not paid. We are not back in court till then end of March and I will not be able to carry the financial weight. Among other things I’ve just gone on Sickness EI and the monthly amount doesn’t even cover rent.

The Maintenance Enforcement Act states that if brought forth for a committal hearing and jail is in the order, the Payor MUST be placed in custody unless they can show that he did not owe the funds, that there’s been a change in circumstances, or a grave injustice.

None of these apply.

I want to file a Judicial Review , have this new order stayed, and a new hearing as soon as possible, to enforce the Order already made.

I tried to get help today but Friday afternoon, not so easy. I did speak with the Justice Access Centre and they believe I may have a fighting chance. I will go back Monday to print the forms and file.

I know that the process is complicated and abides by strict rules. I’m hoping someone, a lawyer, would just take a glance and see if there’s any obvious errors or missing info.

Please no hate on the child support and how bad of a person I am. This man is purposeful and malicious in doing this. As the previous Judges have stated, they know he has the funds and will not pay until absolutely forced.