What is the test for having a child in a childless marriage?
Alberta, Canada
The following excerpt is from Leek v. Lightfoot, 1993 CanLII 7285 (AB QB):
This, then, is, in general terms, a case like the situation described by L’Heureux-Dubé J. in Moge v. Moge, supra, as follows [at p. 389 R.F.L.]: It is important to note that families need not fall strictly within a particular marriage model in order for one spouse to suffer disadvantages. For example, even in childless marriages, couples may also decide that one spouse will remain at home. Any economic disadvantage to that spouse flowing from that shared decision in the interest of the family should be regarded as compensable.
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