What is the test for establishing that an adult child is a child of the marriage?
British Columbia, Canada
The following excerpt is from Jalil v. Jalil, 2015 BCSC 567 (CanLII):
The definition of a “child of the marriage” who is the age of majority or over is contained in the Divorce Act, s. 2(1)(b). As per Athwal v. Athwal, 2007 BCSC 221, the burden of establishing that an adult child is a child of the marriage lies with the party making the allegation or claiming the child is a child of the marriage.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of establishing that an adult child attending post-secondary education is a child of the marriage? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (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)
Is an adult child a child of the marriage? (British Columbia, Canada)
If an adult child is still living at home, is that adult child entitled to support? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
Can an adult child who has ceased to be a child of the marriage regain his lost status by pursuing further education? (British Columbia, Canada)
Does a three year hiatus from school constitute a three-year hiatus for a child of the marriage to be reinstated as a Child of the Marriage? (British Columbia, Canada)
If an adult child is still living at home, but is not ill and disabled, is that adult child entitled to support? (British Columbia, Canada)
Is the child of the marriage still considered to be a Child of the Marriage? (British Columbia, Canada)
