What is the test for establishing that a child of the marriage no longer exists after the date of her 25th birthday?
British Columbia, Canada
The following excerpt is from Gilchrist v. Gilchrist, 2015 BCSC 1636 (CanLII):
In this regard, there is some similarity between this case and the decision of Mr. Justice Macintosh in Scherk v. Nixon, 2015 BCSC 1150 where the respondent sought an order that the parties’ daughter had ceased to be a child of the marriage as of the date of her 25th birthday. He also sought an order carving out periods of time prior to that date when the daughter had not been attending post-secondary studies full time. The evidence established that the daughter had taken time off school due to mental health problems.
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