What factors must be considered when the reason for a child's inability to withdraw from their parents care is post-secondary education?

British Columbia, Canada


The following excerpt is from N.M. v. G.M., 2015 BCSC 1732 (CanLII):

A helpful but non-exhaustive list of factors to consider when the reason for the child’s inability to withdraw from their parents’ care is post-secondary education is found in Farden v. Farden, 1993 CanLII 2570, 48 R.F.L. (3d) 60 (B.C.S.C.) at pp. 64-65: (1) whether the child is in fact enrolled in a course of studies and whether it is a full time or part time course of studies; (2) whether or not the child has applied for or is eligible for student loans or other financial assistance; (3) the career plans of the child, i.e., whether the child has some reasonable and appropriate plan or is simply going to college because there is nothing better to do; (4) the ability of the child to contribute to his own support through part-time employment; (5) the age of the child; (6) the child's past academic performance, whether the child is demonstrating success in the chosen course of studies; (7) what plans the parents made for the education of their children, particularly where those plans were made during cohabitation; (8) at least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.

Other Questions


Can a child be considered a child of the marriage if the child is taking a break from education to support her education? (British Columbia, Canada)
What is the effect of a parent's decision not to consider the consequences of a child’s parents’ actions in the context of child support matters? (British Columbia, Canada)
Can a party who receives funds from a parent to their adult child to be considered a gift from the parent to the adult child have to prove that the transfer is a resulting trust? (British Columbia, Canada)
Is a parent's reason for relocating to another parent's home relevant if that parent’s reason for moving is improper? (British Columbia, Canada)
If a child of the marriage unilaterally terminated their relationship with the payor parent without good cause and there is evidence that the child is no longer a child, is this a factor in the finding that they no longer exist? (British Columbia, Canada)
How much contribution from each parent should each parent of a child be made to the child's education system? (British Columbia, Canada)
What factors will the court consider when considering retroactive variation of an interim child support order? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What factors are considered to be in favour of adopting a child from a biological parent when there is a clear imbalance between the parties? (British Columbia, Canada)
What are the factors to consider in determining whether a child has been removed from the custody of the custodial parent? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.