In what circumstances can the court declare the children of the marriage and adjourn the application for child support?
British Columbia, Canada
The following excerpt is from K.K.S. v J.S.S, 2019 BCSC 136 (CanLII):
In circumstances where the evidence falls short, the court can declare the children no longer children of the marriage or adjourn the application to allow the evidence to be adduced in circumstances where there is an indication that the evidence may exist, but it has not been led: Chalal v. Chalal, 2018 BCSC 964 at paras. 1259-1261. The unusual step of adjourning is taken in some cases because the support is the right of the child, and such support should not be dismissed simply because the parent failed to discharge the burden.
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