Is a child of the marriage defined in the Divorce Act?
British Columbia, Canada
The following excerpt is from Williams v. Williams, 2015 BCSC 928 (CanLII):
A child of the marriage is defined in the Divorce Act as a child who “at the material time … (b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life”. The burden of establishing that an adult child remains a child of the marriage lies on the party making that claim (see Athwal v. Athwal, 2007 BCSC 221).
The obligation of parents to support their children’s post-secondary educational pursuits depends on whether these are reasonable and whether, in the circumstances, it is appropriate for them to finance that education (Nordeen v. Nordeen, 2013 BCCA 178 at para.16). The following factors may assist in determining those issues, although they are not to be treated as a “checklist” or as a set of mandated prerequisites:
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