In March of 1994, a consent judgment under Manitoba's Family Maintenance Act determined that both daughters were "children of the marriage" and granted Gerald access to them.

[4] Sharon commenced divorce proceedings in February, 1995, at which time she applied for child support, requesting a declaration that Gerald "stood in the place of a parent to Jessica."

An interim order ruled Gerald pay child support to both daughters and suspended his access to them pending a report from Consiliation Services.

Moreover, it denied Sharon's request that he pay child support for the care of Jennifer as well, finding that Gerald "had repudiated his parental relationship with Jessica."

Justice Bastarache, writing for a unanimous Court, held in favour of Sharon and stated that Gerald could not unilaterally sever ties to the child.