Is a child who has reached the age of majority still a child of the marriage?

British Columbia, Canada


The following excerpt is from A.R.J. v Z.S.H, 2021 BCSC 274 (CanLII):

Farden and Nordeen both address the question of whether the pursuit of post-secondary education is a valid reason for a finding that a child who has reached the age of majority nevertheless remains a child of the marriage due to their continued dependence. Among the factors listed as relevant to this question is whether the child has unilaterally terminated a relationship with the payor parent: Nordeen at paras. 16-17. Subsequent cases have clarified that estrangement between a child and payor spouse is generally not determinative of entitlement to child support other than in “truly egregious cases of misconduct by a child against a parent”: Shaw v. Arndt, 2016 BCCA 78 at para. 29.

Other Questions


What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
Is the child of the marriage still considered to be a Child of the Marriage? (British Columbia, Canada)
What is the test for proving that the child is still a child of the marriage at the time of the application? (British Columbia, Canada)
What is the test for post-secondary education to determine whether a child is still a child of the marriage? (British Columbia, Canada)
Does a three year hiatus from school constitute a three-year hiatus for a child of the marriage to be reinstated as a Child of the Marriage? (British Columbia, Canada)
Can a child remain a child of the marriage even if they are over the age of majority? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
Is a child over the age of majority who is attending full time studies sufficient to be a child of the marriage? (British Columbia, Canada)
Is a child still a child of the marriage under s. 2(1) of the Divorce Act? (British Columbia, Canada)
If a child of the marriage unilaterally terminated their relationship with the payor parent without good cause and there is evidence that the child is no longer a child, is this a factor in the finding that they no longer exist? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.