When is a child considered a child of the marriage?
British Columbia, Canada
The following excerpt is from Tome v Furtado, 2018 BCSC 2280 (CanLII):
Once a child has reached the age of majority, the onus of proving that an adult child remains a “child of the marriage” rests upon the parent who alleges that the adult child is unable to withdraw from the parental charge or to obtain the necessaries of life. The reason for the adult child’s continued dependency must be recognized by the Divorce Act. An adult child, even if “living at home”, is no longer a “child of the marriage”, unless the child is either ill or disabled or under the effect of some “other cause” by which he or she is unable to withdraw from their parental charge or obtain the necessaries of life: Ethier v. Skrudland, 2011 SKCA 17 [Ethier] at paras. 16-17.
The provision of the “necessaries of life” extends beyond the delivery of basic food, shelter, and adequate clothing. The term must be given a contextual analysis and will vary according to the reasonable expectations of the applicant: Lougheed v. Lougheed, 2007 BCCA 396 at paras. 23, 25.
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