Can a child remain a child of the marriage even if they are over the age of majority?
British Columbia, Canada
The following excerpt is from El-Jaroudi v El-Mikati, 2020 BCSC 868 (CanLII):
A child can remain a child of the marriage even if they are over the age of majority, so long as it is established that they are not able to withdraw from their parents’ charge, or obtain the necessities of life. The parent who alleges an adult child remains a child of the marriage bears the burden of proof on a balance of probabilities: Classen v. Anima, 2011 BCSC 868 at para. 6.
"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 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)
What is the burden of proof for a parent who alleges their child remains a child of the marriage? (British Columbia, Canada)
Can pursuing post-secondary education result in a child remaining a child of the marriage? (British Columbia, Canada)
How is child support calculated when the child only remains a child because of his post-secondary education? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
Is the child of the marriage still considered to be a Child of the Marriage? (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 a child over the age of majority who is attending full time studies sufficient to be a child of the marriage? (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)
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)
