Is Precious still Children of the Marriage under the Divorce Act?

Ontario, Canada


The following excerpt is from Unegbu v. Udofe, 2018 ONSC 3629 (CanLII):

I find that Precious and Destiny are still Children of the Marriage within the meaning of the Divorce Act. They are enrolled in appropriate courses of study suited to their respective talents. The evidence satisfies me that their earnings are not sufficient to meet their respective living expenses. They are still in a position of financial dependency, notwithstanding the scholarship Precious has earned, and both children’s efforts to help support themselves and contribute to the payment of their education expenses. Considering the factors set out in Haley v. Haley, Precious and Destiny will continue to be Children of the Marriage, at least until they receive their first undergraduate degrees.

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