Is a child still a child of the marriage under s. 2(1) of the Divorce Act?
British Columbia, Canada
The following excerpt is from Stonehouse v. Stonehouse, 2014 BCSC 1057 (CanLII):
Pursuant to s. 2(1) of the Divorce Act, in the case of a child who is over the age of majority, "child of the marriage" means a child who, at the material time, remains under the charge of the spouses or former spouses and who is unable, by reason of illness, disability or other cause, to withdraw from their charge, or to obtain the necessaries of life. The definition is disjunctive, in that there are two separate bases upon which it may be concluded that a child remains a child of the marriage: (1) the child is unable by reason of illness, disability or other cause to withdraw from the charge of the parents, or (2) the child is unable to obtain the necessaries of life: Briard v. Briard, 2010 BCCA 431 at paras. 8-9.
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