Is a child's participation in an educational program meaningful?
Ontario, Canada
The following excerpt is from Jason Vivian v. Nicole Courtney et al., 2012 ONSC 6585 (CanLII):
However, a recent decision of the Ontario Superior Court of Justice in Turner v. Turner, [2011] O.J. No. 4802 emphasizes that whether a child’s participation in the program in question is meaningful “must take into consideration the particular circumstances of the child.” A standard of perfection is not required. The child may remain entitled support on the basis of enrollment in an educational program “even if their participation and achievement levels are problematic, provided that the effort which the child is putting forth is within their capability given their particular circumstances.”
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