What is the test for a parent to continue to be responsible for their child's education?

Alberta, Canada


The following excerpt is from Van de Pol v. Van de Pol, 1996 CanLII 10597 (AB QB):

The Courts have recognized that an education that will equip a child for a career is, in these modern times, a necessity. As Freeman, J. A. observed in Martell v. Martell, supra, at p. 106: … courts recognize jurisdiction under s.2(1) of the Divorce Act to hold parents responsible for children over sixteen during their period of dependency. How long that period continues is a question of fact for the trial judge in each case. There is no arbitrary cut-off point based either on age or scholastic attainment, although as these increase the onus of proving dependency grows heavier. As a general rule, parents of a bona fide student will remain responsible until the child reaches a level of education commensurate with the abilities he or she has demonstrated, which fit the child for entry level employment in an appropriate field. In making this determination the trial judge cannot be blind to prevailing social and economic conditions: a bachelor degree no longer assures self-sufficiency.

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