What is the test for establishing that an adult child is a child of the marriage?

British Columbia, Canada


The following excerpt is from Jalil v. Jalil, 2015 BCSC 567 (CanLII):

The definition of a “child of the marriage” who is the age of majority or over is contained in the Divorce Act, s. 2(1)(b). As per Athwal v. Athwal, 2007 BCSC 221, the burden of establishing that an adult child is a child of the marriage lies with the party making the allegation or claiming the child is a child of the marriage.

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