In what circumstances have courts considered the actions of an 18 year old to constitute an election to withdraw from parental charge, care or control?
Newfoundland and Labrador, Canada
The following excerpt is from H.S. v. P.W., 2018 NLSC 65 (CanLII):
However, there are also cases in which courts have considered the actions of a teenager as sufficient to constitute an election to withdraw from parental charge, care or control. In the case of Kincaid v. Arsenault (2002), 2002 CanLII 49547 (ON SC), 114 A.C.W.S. (3d) 101, 27 R.F.L. (5th) 84 (Ont. S.C.J.), the Ontario Superior Court of Justice considered a pattern of behaviour by an 18-year old. The court found that her ultimate departure from the home of her step-father who stood in place of a parent was a voluntary act on her part that was not the result of any coercion or abuse, psychological or otherwise. The child chose not to follow the reasonable rules of a parent and moved in with her boyfriend’s family. In such a case, there was no continued obligation to support the child.
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